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Case T-47/07: 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 grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 40/94)
ECLI:EU:UNKNOWN:62007TA0047
62007TA0047
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Official Journal of the European Union
C 285/38
(Case T-47/07)
(Community trade mark - Application for Community word mark BioGeneriX - Absolute grounds for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94)
(2008/C 285/69)
Language of the case: German
Parties
Applicant: ratiopharm GmbH (Ulm, Germany) (represented first by Rechtsanwalt S. Völker, and then by S. Völker and A. Schabenberger, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)
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
Operative part of the judgment
The Court:
1.Dismisses the action.
2.Orders ratiopharm GmbH to pay the costs.
(<span class="super">1</span>) OJ C 82, 14.4.2007.