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CLASS 46


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
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 à conserver des aliments, relevant de la classe 1".

Posted by: Blog Administrator @ 05.58
Tags: OHIM board of appeals; CFI,
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