Source: EURLEX
Language: en
Format: md

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| 29.8.2009 | EN | Official Journal of the European Union | C 205/37 |

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Judgment of the Court of First Instance of 9 July 2009 — Biotronik v OHIM (BioMonitor)

(Case T-257/08)[(1)](#ntr1-C_2009205EN.01003702-E0001)

(Community trade mark - Application for Community word mark BioMonitor - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009))

2009/C 205/68

Language of the case: German

Parties

Applicant: Biotronik GmbH & Co. KG (Berlin, Germany) (represented initially by U. Sander and R. Böhm, and subsequently by R. Böhm, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, Agent)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 24 April 2008 (Case R 466/2007-4) concerning an application for registration of the word sign BioMonitor as a Community trade mark.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Biotronik GmbH & Co. KG to pay the costs. |

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