CELEX: 62008TJ0225
Community trade mark
Invalidity proceedings
Community figurative 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)

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 8 April 2008 (Case R 877/2004‑4) concerning invalidity
proceedings between Mineralbrunnen Rhön-Sprudel Egon Schindel GmbH and Schwarzbräu GmbH.
Information relating to the case
Registered Community trade mark in respect of which a declaration of invalidity has been sought:
The figurative mark ALASKA for goods in Class 32 – Community trade mark No 505552
Proprietor of the Community trade mark:
Schwarzbräu GmbH
Applicant for the declaration of invalidity:
Mineralbrunnen Rhön-Sprudel Egon Schindel GmbH
Decision of the Cancellation Division:
Rejection of the application for the declaration of invalidity of the trade mark concerned
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
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);
3.
Orders Schwarzbräu GmbH to bear its own costs.