Community trade mark Absolute ground for refusal Invalidity proceedings Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009) Lack of descriptive character Community word mark Alaska
Sumário
Judgment of the Court of First Instance (Eighth Chamber) of 8 July 2009.
Mineralbrunnen Rhön-Sprudel Egon Schindel GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Invalidity proceedings - Community word mark Alaska - Absolute ground for refusal - Lack of descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009).
Case T-226/08.
Texto da decisão
Judgment of the Court of First Instance (Eighth Chamber) of 8 July 2009 – Mineralbrunnen Rhön-Sprudel Egon Schindel v OHIM – Schwarzbräu (Alaska)
(Case T-226/08)
Community trade mark – Invalidity proceedings – Community word mark Alaska – Absolute ground for refusal – Lack of descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009)
Community trade mark – Surrender, revocation and invalidity – Absolute grounds of invalidity (Council Regulation No 40/94, Arts 7(1)(c) and 51(1)(a)) (see paras 22, 36, 38)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 8 April 2008 (Case R 1124/2004‑4) concerning invalidity proceedings between Mineralbrunnen Rhön-Sprudel Egon Schindel GmbH and Schwarzbräu GmbH. |
Information relating to the case
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Registered Community trade mark in respect of which a declaration of invalidity has been sought: |
Word mark Alaska for goods in Class 32 – Community trade mark No 505503 |
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Proprietor of the Community trade mark: |
Schwarzbräu GmbH |
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Applicant for the declaration of invalidity: |
Mineralbrunnen Rhön-Sprudel Egon Schindel GmbH |
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Decision of the Cancellation Division: |
Application for a declaration of invalidity of the trade mark concerned granted in part |
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Decision of the Board of Appeal: |
Annulment of the contested decision and dismissal of the application for a declaration of invalidity of the trade mark concerned |
Operative part
The Court:
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1. |
Dismisses the action; |
|
2. |
Orders Mineralbrunnen Rhön-Sprudel Egon Schindel GmbH to bear its own costs and those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM); |
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3. |
Orders Schwarzbräu GmbH to bear its own costs. |