Official Journal of the European Union

C 285/38

Judgment of the Court of First Instance of 16 September 2008 — ratiopharm v OHIM (BioGeneriX)

(Case T-47/07) (1)

(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


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)


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:


Dismisses the action.


Orders ratiopharm GmbH to pay the costs.

(1)  OJ C 82, 14.4.2007.