CELEX: 62008TN0257
Language: en
Date: 2008-06-30 00:00:00
Title: Case T-257/08: Action brought on 30 June 2008 — Biotronik v OHIM (BioMonitor)

30.8.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 223/53
            
         Action brought on 30 June 2008 — Biotronik v OHIM (BioMonitor)
   (Case T-257/08)
   (2008/C 223/94)
   Language of the case: German
   Parties
   
      Applicant: Biotronik Meβ- und Therapiegeräte GmbH (Berlin, Germany) (represented by: U. Sander and R. Böhm, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   Form of order sought
   
               —
            
            
               Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 24 April 2008 in Case No R 466/2007-4;
            
         
               —
            
            
               Order the defendant to pay the costs.
            
         Pleas in law and main arguments
   
      Community trade mark concerned: Word mark ‘BioMonitor’ for goods and services in Classes 9, 10 and 38, in which the additional list of goods for Class 10 would be restricted (Application No 4 556 023).
   
      Decision of the Examiner: Application rejected.
   
      Decision of the Board of Appeal: Dismissal of the appeal.
   
      Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (1) in that the trade mark applied for does not lack distinctive character and it is not a descriptive term.
   
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).