29.8.2009
EN
Official Journal of the European Union
C 205/37
Judgment of the Court of First Instance of 9 July 2009 — Biotronik v OHIM (BioMonitor)
(Case T-257/08) (1)
(Community trade mark - Application for Community word mark BioMonitor - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009))
2009/C 205/68
Language of the case: German
Parties
Applicant: Biotronik GmbH & Co. KG (Berlin, Germany) (represented initially by U. Sander and R. Böhm, and subsequently by R. Böhm, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, Agent)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 24 April 2008 (Case R 466/2007-4) concerning an application for registration of the word sign BioMonitor as a Community trade mark.
Operative part of the judgment
The Court:
1.
Dismisses the action;
2.
Orders Biotronik GmbH & Co. KG to pay the costs.
(1) OJ C 223, 30.8.2008.
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