WEDNESDAY, 17 SEPTEMBER 2008
Mixed fortunes for Ratiopharm appeals in BioGenerix cases
The Court of First Instance of the European Communities gave rulings yesterday in two appeals regarding Community trade mark applications: they are Case T-47/07 Ratiopharm GmbH v OHIM (BioGeneriX) and Case T-48/07 Ratiopharm GmbH v OHIM (BioGeneriX). Both decisions -- which were not consolidated -- are so far available only in French and German. In Case T-47/07 the application was made to register the word mark BioGeneriX for a range of goods and services in various classes; in each case word was held unregistrable as being descriptive, the word meaning a pharmaceutical product that was no longer covered by patent protection. In Case T-48/07 the same word was the subject of an application in respect of a different range of goods; the Court annulled the refusal of the Fourth Board of Appeal in respect of its refusal to allow registration of "les produits chimiques destinés ŕ conserver des aliments, relevant de la classe 1".
Posted by: Jeremy Phillips @ 05.58
Tags: OHIM board of appeals; CFI,