CELEX: 62007TJ0047
Language: en
Date: 2008-09-16 00:00:00
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 trade mark - Application for Community word mark BioGeneriX - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94. # Case T-47/07.

Judgment of the Court of First Instance (Second Chamber) of 16 September 2008 – ratiopharm v OHIM (BioGeneriX)
      (Case T-47/07)
      Community trade mark – Application for Community word mark BioGeneriX – Absolute ground for refusal – Descriptive character – Article 7(1)(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 (Council Regulation
         No 40/94, Art. 7(1)(c)) (see paras 21, 26-28)
      
      Re: 
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 20 December 2006 (Case R 1047/2004-4) 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 and services in Classes 5, 35, 40 and 42 – Application No 1701762
            
         
               Decision of the Examiner:
            
            
               Refusal of registration
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders ratiopharm GmbH to pay the costs.