CELEX: 62008TJ0257
Language: en
Date: 2009-07-09
Title: Judgment of the Court of First Instance (Fifth Chamber) of 9 July 2009. # Biotronik GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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). # Case T-257/08.

Judgment of the Court of First Instance (Fifth Chamber) of 9 July 2009 – Biotronik v OHIM (BioMonitor)
      (Case T-257/08)
      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)
      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 (Council Regulation
         No 40/94, Art. 7(1)(c)) (see paras 22, 30)
      
      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.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Biotronik GmbH & Co. KG
            
         
               Community trade mark sought:
            
            
               Word mark ‘BioMonitor’ for goods and services in Classes 9, 10 and 38, the list of goods being subsequently limited to goods
                  in Class 10 – Application No 4556023
               
            
         
               Decision of the Examiner:
            
            
               Application rejected
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Biotronik GmbH & Co. KG to pay the costs.