Community trade mark Absolute ground for refusal Invalidity proceedings Descriptive character Community word mark Panorama Article 7(1)(c) and Article 51(1)(a) of Regulation (EC) No 40/94 (now Article 7(1)(c) and Article 52(1)(a) of Regulation (EC) No 207/2009)
Sumário
Judgment of the Court of First Instance (Fourth Chamber) of 28 October 2009.
Juwel Aquarium GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Invalidity proceedings - Community word mark Panorama - Absolute ground for refusal - Descriptive character - Article 7(1)(c) and Article 51(1)(a) of Regulation (EC) No 40/94 (now Article 7(1)(c) and Article 52(1)(a) of Regulation (EC) No 207/2009).
Case T-339/07.
Texto da decisão
Judgment of the Court of First Instance (Fourth Chamber) of 28 October 2009 – Juwel Aquarium v OHIM – Potschak (Panorama)
(Case T-339/07)
Community trade mark – Invalidity proceedings – Community word mark Panorama – Absolute ground for refusal – Descriptive character – Article 7(1)(c) and Article 51(1)(a) of Regulation (EC) No 40/94 (now Article 7(1)(c) and Article 52(1)(a) of Regulation (EC) No 207/2009)
Community trade mark – Surrender, revocation and invalidity –Absolute grounds of invalidity – Registration contrary to Article 7(1)(c) of Regulation No 40/94 (Council Regulation No 40/94, Arts 7(1)(c) and 51(1)(a)) (see paras 29-37)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 28 June 2007 (Case R 214/2006-1) relating to invalidity proceedings between Christian Potschak and Juwel Aquarium GmbH & Co. KG. |
Information relating to the case
|
Registered Community trade mark in respect of which a declaration of invalidity has been sought: |
Word mark Panorama for goods in Classes 11, 16 and 20 – Community trade mark No 2771087 |
|
Proprietor of the Community trade mark: |
Juwel Aquarium GmbH & Co. KG |
|
Applicant for the declaration of invalidity: |
Christian Potschak |
|
Decision of the Cancellation Division: |
Application for declaration of invalidity dismissed |
|
Decision of the Board of Appeal: |
Annulment of the decision of the Cancellation Division and partial annulment of the Community trade mark |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Juwel Aquarium GmbH & Co. KG to pay the costs. |