CELEX: 62007TA0048
Language: en
Date: 2008-09-16 00:00:00
Title: Case T-48/07: Judgment of the Court of First Instance of 16 September 2008 — ratiopharm v OHIM (BioGeneriX) (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)

8.11.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 285/38
            
         Judgment of the Court of First Instance of 16 September 2008 — ratiopharm v OHIM (BioGeneriX)
   (Case T-48/07) (1)
   
   (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)
   (2008/C 285/70)
   Language of the case: German
   Parties
   
      Applicant: ratiopharm GmbH (Ulm, Germany) (represented initially by S. Völker, then by S. Völker and A. Schabenberger, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)
   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.
   Operative part of the judgment
   The Court hereby:
   
               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 will bear the other half of its costs.
            
         
      (1)  OJ C 82, 14.4.2007.