CELEX: 62007TJ0339
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)

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.