CELEX: 62008TJ0226
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)

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
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
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:
Application for a declaration of invalidity of the trade mark concerned granted in part
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:
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.