CELEX: 62007TJ0048
Language: en
Date: 2008-09-16
Title: Judgment of the Court of First Instance (Second Chamber) of 16 September 2008. # Ratiopharm GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community mark. # Case T-48/07.

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.