Subject of the case
Operative part
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 20 December 2006 (Case R 1048/2004-4) concerning an application for registration of the word mark BioGeneriX as a Community trade mark.
Information relating to the case
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Operative part
The Court:
1. Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 20 December 2006 (Case R 1048/2004-4), in so far as chemical substances for preserving foodstuffs, falling within Class 1, are concerned;
2. Dismisses the action as to the remainder;
3. Orders ratiopharm GmbH to bear its own costs and to pay half of OHIM’s costs. OHIM is ordered to bear the other half of its costs.