CELEX: C2007/082/105
Language: en
Date: 2007-04-14 00:00:00
Title: Case T-48/07: Action brought on 21 February 2007 — ratiopharm v OHIM (BioGeneriX)

14.4.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 82/50
            
         Action brought on 21 February 2007 — ratiopharm v OHIM (BioGeneriX)
   (Case T-48/07)
   (2007/C 82/105)
   Language of the case: German
   Parties
   
      Applicant: ratiopharm GmbH (Ulm, Germany) (represented by S. Völker, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   Form of order sought
   The applicant claims that the Court should
   
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               annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 December 2006 in Case R 1048/2004-4 concerning the application for Community trade mark No 002603124;
            
         
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               order the Office for Harmonisation in the Internal Market to pay the costs of the proceedings.
            
         Pleas in law and main arguments
   
      Community trade mark concerned: Word mark ‘BioGeneriX ’for goods in Classes 1 and 5 (Application No 2 603 124).
   
      Decision of the Examiner: Refusal of part of the application for registration.
   
      Decision of the Board of Appeal: Appeal dismissed.
   
      Pleas in law: Breach of Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (1), as the trade mark applied for has the requisite minimum level of distinctiveness and there is no need to preserve its availability.
   
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).