Judgment — ECLI:EU:T:2009:415
Date: 2009-10-28
Language of the case: German
Court formation: Fourth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Word marks
Procedure: Action for annulment - unfounded
Origin: Germany

Action brought on 11 September 2007 - Juwel Aquarium v OHIM - Potschak - Bavaria Aquaristik (Panorama) (Case T-339/07) Language in which the application was lodged: German Parties Applicant: Juwel Aquarium GmbH & Co. KG (Rotenburg, Germany) (represented by: D. Jestaedt and G. Rother, lawyers) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Other party to the proceedings before the Board of Appeal of OHIM: Christian Potschak - Bavaria Aquaristik Form of order sought Annul the Decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 28 June 2007 (R 214/2006-1); Reject the application for a declaration of invalidity of the other party to the proceedings before the Board of Appeal in respect of the Community trade mark 'Panorama' (Community trade mark 2 771 087); Order the defendant to pay the costs of the proceedings. Pleas in law and main arguments Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark 'Panorama' for goods in Classes 11, 16 and 20 (Community trade mark 2 771 087). Proprietor of the Community trade mark: The applicant. Applicant for the declaration of invalidity: Christian Potschak - Bavaria Aquaristik. Decision of the Cancellation Division: Rejection of the application for a declaration of invalidity. Decision of the Board of Appeal: Annulment of the decision of the Cancellation Division and in part of the declaration of invalidity of the Community trade mark. Pleas in law: Infringement of Article 7(1)(c) of Regulation (EC) No 40/94, 1 since the Community trade mark 'Panorama' is not purely descriptive. In addition, pursuant to Article 7(1)(d) of Regulation (EC) No 40/94, the indication 'Panorama' has not become customary and a mere generic term. ____________ 1 - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).