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Community trade mark – Application for Community word mark BioGeneriX – Absolute ground for refusal – Descriptive character – Article 7(1)(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 (Council Regulation No 40/94, Art. 7(1)(c)) (see paras 21, 26-28)
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.
Applicant for the Community trade mark:
Community trade mark sought:
Word mark BioGeneriX for goods and services in Classes 5, 35, 40 and 42 – Application No 1701762
Decision of the Examiner:
Refusal of registration
Decision of the Board of Appeal:
Appeal dismissed
The Court:
1.Dismisses the action;
2.Orders ratiopharm GmbH to pay the costs.