EuG · T-48/07

Subject of the case Operative part Subject of the case 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 >lt>11 Operative part 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.