ECLI:EU:T:2008:377

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.