Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Second Chamber) of 16 September 2008 – ratiopharm v OHIM (BioGeneriX)**

**(Case T-48/07)**

Community trade mark – Application for Community word mark BioGeneriX – Absolute ground for refusal – Partially descriptive character – Article 7(1)(b) and (c) of Regulation (EC) No 40/94

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b) and (c)) (see paras 21, 25-27, 37)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 20 December 2006 (Case R 1048/2004-4) concerning an application for registration of the word mark BioGeneriX as a Community trade mark. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | ratiopharm GmbH |
| Community trade mark sought: | Word mark BioGenerix for goods in Classes 1 and 5 – Application No 1603124 |
| Decision of the Opposition Division: | Registration partially refused |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 20 December 2006 (Case R 1048/2004-4), in so far as chemical substances for preserving foodstuffs, falling within Class 1, are concerned; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Dismisses the action as to the remainder; |

|  |  |  |
| --- | --- | --- |
| 3. |  | Orders ratiopharm GmbH to bear its own costs and to pay half of OHIM’s costs. OHIM is ordered to bear the other half of its costs. |

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