CELEX: 62009TJ0503
Community trade mark
Invalidity proceedings
Community word mark AK 47
Absolute ground for refusal
Descriptive character
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 8 October 2009 (Case R 645/2008-1) relating to
invalidity proceedings between Umarex Sportwaffen GmbH & Co. KG and Cybergun SA.
Information relating to the case
Registered Community trade mark of which cancellation sought:
Word mark AK 47 for goods and services in Classes 9, 28 and 38 – Community trade mark No 3249381
Proprietor of the Community trade mark:
Cybergum SA
Party requesting the declaration of invalidity of the Community trade mark:
Umarex Sportwaffen GmbH & Co KG
Decision of the Cancellation Division:
Rejection of the application for a declaration of invalidity of the trade mark at issue
Decision of the Board of Appeal:
Annulment of the decision of the Cancellation Division and declaration of invalidity of the Community trade mark
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Cybergun SA to pay the costs.