CELEX: 62009TJ0201
Community trade mark
Invalidity proceedings
Community word mark SCOMBER MIX
Absolute grounds for refusal
Descriptive character
Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 20 March 2009 (Case R 230/2007-4), relating to
invalidity proceedings between Rügen Fisch AG and Schwaaner Fischwaren GmbH.
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Rügen Fisch AG to bear the costs.