CELEX: C2007/082/104
Language: en
Date: 2007-04-14 00:00:00
Title: Case T-47/07: Action brought on 21 February 2007 — ratiopharm GmbH v OHIM (BioGeneriX)

14.4.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 82/50
            
         Action brought on 21 February 2007 — ratiopharm GmbH v OHIM (BioGeneriX)
   (Case T-47/07)
   (2007/C 82/104)
   Language of the case: German
   Parties
   
      Applicant: ratiopharm GmbH (Ulm, Germany) (represented by Rechtsanwalt S. Völker)
   
      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 of 20 December 2006 in appeal No. R1047/2004-4 concerning Community trade mark application No. 001701762.
            
         
               —
            
            
               Order the Office for Harmonisation in the Internal Market to pay its own costs.
            
         Pleas in law and main arguments
   
      Community trade mark concerned: the word mark BioGeneriX for goods and services in the classes 5, 35, 40 and 42 (Application No. 1 701 762).
   
      Decision of the Examiner: Refusal to register.
   
      Decision of the Board of Appeal: Rejection of the appeal.
   
      Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation (EC) No. 40/94 (1), on the basis that the trade mark applied for demonstrates the minimum distinctive character required and that there is no specific need for availability.
   
      (1)  Council Regulation No. 40/94 of 20 December 1993 on the Community trade mark (OJ 1994, L 11, p. 1).