Case T-226/08: Action brought on 13 June 2008 — Mineralbrunnen Rhön-Sprudel Egon Schindel v OHIM — Schwarzbräu (Alaska)
Date: 2008-06-13
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), mineral water, non-alcoholic beverage, trade-mark law

30.8.2008

EN

Official Journal of the European Union

C 223/47

Forms of order sought

Other party to the proceedings before the Board of Appeal of OHIM:
Schwarzbräu GmbH (Zusmarshausen, Germany)

— Annul the decision of the First Board of Appeal of 10 April

2008 — R 709/2007-1, notified on 15 April 2008;

— Order AD Bulgartabac Holding to pay the reimbursable
costs, including those of the main proceedings and including
those of the defendant;

— In the alternative, while annulling the decision of 10 April
2008 and that of 7 March 2007 — 1415C — declare that
the application by AD Bulgartabac Holding of 8 November
2005 was inadmissible.

Pleas in law and main arguments

Registered Community trade mark in respect of which revocation was
applied for: the figurative mark ‘Bahman’ for goods in Class 34
(Community trade mark No 427 336).

Form of order sought

— Annul the decision of the Fourth Board of Appeal of the
(Trade

Office for Harmonisation in the Internal Market
Marks and Designs) of 8 April 2008 (Case R 877/2004-4);

— Completely delete the Community trade mark No 505 552
‘ALASKA’ owing to the existence of absolute grounds for
refusal;

— Order the defendant to bear the costs of the proceedings;

— In the alternative to the second application, declare Com-
munity trade mark No 505 552 ‘ALASKA’ invalid at least in
respect of the following goods:
‘Mineral waters and carbo-
nated waters and other non-alcoholic drinks in Class 32’.

Proprietor of the Community trade mark: Iranian Tobacco Company.

Pleas in law and main arguments

Applicant in the revocation proceedings: AD Bulgartabac Holding.

Decision of the Cancellation Division: Decision declaring the Com-
munity trade mark concerned to be revoked.

Decision of
appeal.

the Board of Appeal: Dismissal of

the applicant's

Pleas
in law: The admissibility requirements concerning the
application by AD Bulgartabac Holding which OHIM is obliged
to consider of its own motion were not taken into account,
contrary to Community law, Regulation (EC) No 40/94 (1) and
other principles of procedure.

Registered Community trade mark in respect of which a declaration of
invalidity has been sought: the figurative mark ‘ALASKA’ for goods
in Class 32 (Community trade mark No 505 552)

Proprietor of the Community trade mark: Schwarzbräu GmbH

Applicant
of
the
Rhön-Sprudel Egon Schindel GmbH

declaration

for

invalidity: Mineralbrunnen

Decision of the Cancellation Division: Rejection of the application
for the declaration of invalidity of the trade mark concerned.

Decision of
appeal.

the Board of Appeal: Dismissal of

the applicant's

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

Pleas in law:
Regulation (EC) No 40/94 (1).

Infringement of Article 7(1)(b),

(c) and (g) of

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

Action brought on 13 June 2008 — Mineralbrunnen
Rhön-Sprudel Egon Schindel v OHIM — Schwarzbräu
(ALASKA)

(Case T-225/08)

(2008/C 223/82)

Action brought on 13 June 2008 — Mineralbrunnen
Rhön-Sprudel Egon Schindel v OHIM — Schwarzbräu
(Alaska)

Language in which the application was lodged: German

(Case T-226/08)

(2008/C 223/83)

Parties

Language in which the application was lodged: German

Applicant: Mineralbrunnen Rhön-Sprudel Egon Schindel GmbH
(Ebersburg, Germany) (represented by: P. Wadenbach, lawyer)

Parties

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Applicant: Mineralbrunnen Rhön-Sprudel Egon Schindel GmbH
(Ebersburg, Germany) (represented by: P. Wadenbach, lawyer)

C 223/48

EN

Official Journal of the European Union

30.8.2008

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Action brought on 17 June 2008 — Asenbaum Fine Arts v
OHIM (WIENER WERKSTÄTTE)

Other party to the proceedings before the Board of Appeal of OHIM:
Schwarzbräu GmbH (Zusmarshausen, Germany)

Form of order sought

— Annul the decision of the Fourth Board of Appeal of the
Office for Harmonisation in the Internal Market
(Trade
Marks and Designs) of 8 April 2008 (Case R 1124/2004-4);

— cancel Community trade mark No 505 503 ‘Alaska’ entirely,
on account of the existence of absolute grounds for refusal;

— order the defendant to pay the costs;

— in the alternative to the second head of claim, declare Com-
munity trade mark No 505 503 ‘Alaska’ invalid in respect,
at least, of the following goods: ‘Mineral and aerated waters
and other non-alcoholic drinks in class 32’.

Pleas in law and main arguments

(Case T-230/08)

(2008/C 223/84)

Language of the case: German

Parties

Applicant: Asenbaum Fine Arts Ltd (London, United Kingdom)
(represented by: P. Vögel, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Form of order sought

— Alter the decision of the Fourth Board of Appeal of the
Office for Harmonisation in the Internal Market of 10 April
2008 (R 1573/2006-4) so as to allow the applicant's appeal
of 29 November 2006 in its entirety, or in the alternative,
for Classes 6, 11 (excluding lamps
to allow the appeal
(electric), fitted lamps, ceiling lamps and floor lamps), 14
(excluding chocolates), 16, 20, 21 (excluding chocolates) and
34;

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 505 503).

In the alternative annul the contested decision and refer the
matter back to the Office for Harmonisation in the Internal
Market to complete the proceedings;

Proprietor of the Community trade mark: Schwarzbräu GmbH.

— Order the Office for Harmonisation in the Internal Market
to pay the costs of the proceedings, including the costs of
the appeal proceedings.

Applicant for the declaration of invalidity: The applicant.

Pleas in law and main arguments

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

Community trade mark concerned: Word mark ‘WIENER WERK-
STÄTTE’ for goods in Classes 6, 11, 14, 16, 20, 21 and 34
(Application No 4 133 501).

Decision of the Board of Appeal: Annulment of the contested deci-
sion and dismissal of the application for a declaration of inva-
lidity of the trade mark concerned.

Decision of the Examiner: Application rejected.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law:
Regulation (EC) No 40/94 (1).

Infringement of Article 7(1)(b),

(c) and (g) of

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation
(EC) No 40/94 (1) in that the trade mark applied for is neither
descriptive nor devoid of distinctive character.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).