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Case T-257/08: Judgment of the Court of First Instance of 9 July 2009 — Biotronik v OHIM (BioMonitor) (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))
ECLI:EU:UNKNOWN:62008TA0257
62008TA0257
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Valentina R., lawyer
29.8.2009
Official Journal of the European Union
C 205/37
(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))
2009/C 205/68
Language of the case: German
Parties
Applicant: Biotronik GmbH & Co. KG (Berlin, Germany) (represented initially by U. Sander and R. Böhm, and subsequently by R. Böhm, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, Agent)
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.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Biotronik GmbH & Co. KG to pay the costs.
* * *
(<span class="super">1</span>) OJ C 223, 30.8.2008.