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Document 62008TJ0257

    Judgment of the Court of First Instance (Fifth Chamber) of 9 July 2009.
    Biotronik GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Application for Community word mark BioMonitor - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009).
    Case T-257/08.

    European Court Reports 2009 II-00122*

    ECLI identifier: ECLI:EU:T:2009:267





    Judgment of the Court of First Instance (Fifth Chamber) of 9 July 2009 – Biotronik v OHIM (BioMonitor)

    (Case T-257/08)

    Community trade mark – Application for Community word mark BioMonitor – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009)

    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 22, 30)

    Re:

    ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 24 April 2008 (Case R 466/2007‑4) concerning an application for registration of the word sign BioMonitor as a Community trade mark.

    Information relating to the case

    Applicant for the Community trade mark:

    Biotronik GmbH & Co. KG

    Community trade mark sought:

    Word mark ‘BioMonitor’ for goods and services in Classes 9, 10 and 38, the list of goods being subsequently limited to goods in Class 10 – Application No 4556023

    Decision of the Examiner:

    Application rejected

    Decision of the Board of Appeal:

    Appeal dismissed


    Operative part

    The Court:

    1.

    Dismisses the action;

    2.

    Orders Biotronik GmbH & Co. KG to pay the costs.

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