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Document 62007TJ0048

    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 mark.
    Case T-48/07.

    European Court Reports 2008 II-00181*

    ECLI identifier: ECLI:EU:T:2008:378





    Judgment of the Court of First Instance (Second Chamber) of 16 September 2008 – ratiopharm v OHIM (BioGeneriX)

    (Case T-48/07)

    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

    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 – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b) and (c)) (see paras 21, 25-27, 37)

    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.

    Information relating to the case

    Applicant for the Community trade mark:

    ratiopharm GmbH

    Community trade mark sought:

    Word mark BioGenerix for goods in Classes 1 and 5 – Application No 1603124

    Decision of the Opposition Division:

    Registration partially refused

    Decision of the Board of Appeal:

    Appeal dismissed


    Operative part

    The Court:

    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 is ordered to bear the other half of its costs.

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