Community trade mark Absolute ground for refusal Descriptive character Article 7(1)(c) of Regulation (EC) No 40/94 Application for Community word mark BioGeneriX
Sumário
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 trade mark - Application for Community word mark BioGeneriX - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94.
Case T-47/07.
Texto da decisão
Judgment of the Court of First Instance (Second Chamber) of 16 September 2008 – ratiopharm v OHIM (BioGeneriX)
(Case T-47/07)
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. |
Information relating to the case
|
Applicant for the Community trade mark: |
ratiopharm GmbH |
|
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 |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders ratiopharm GmbH to pay the costs. |