do-me/EUR-LEX huggingface dataset:
Case T-419/09: Action brought on 16 October 2009 — Cybergun v OHIM — Umarex Sportwaffen (AK 47)
Date: 2009-10-16
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), brand name, toy industry, trade-mark law








C_2009312EN.01003701.xml










19.12.2009   


EN


Official Journal of the European Union


C 312/37





Action brought on 16 October 2009 — Cybergun v OHIM — Umarex Sportwaffen (AK 47)
(Case T-419/09)
2009/C 312/60
Language in which the application was lodged: French

Parties


Applicant: Cybergun (Bondoufle, France) (represented by: S. Guyot, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Umarex Sportwaffen GmbH & Co. KG (Arnsberg, Germany)

Form of order sought







—


annul the decision of the First Board of Appeal of OHIM of 5 August 2009 declaring the mark AK 47 to be invalid because of its descriptive character on the basis of Article 51(1)(a), a legal basis not referred to in the action,










—


order, in accordance with Articles 87(2) and 91 of the Rules of Procedure, OHIM to pay the costs, including costs incurred by the applicant for the present proceedings, in particular the costs of translation of documents, lawyer’s fees, and, if costs of travel and accommodation are appropriate; the Court is asked to assess that sum at EUR 20 000.





Pleas in law and main arguments


Registered Community trade mark in respect of which a declaration of invalidity has been sought:‘AK 47’ for goods in Class 28 — Community trade mark No 4 528 378.

Proprietor of the Community trade mark: the applicant

Applicant for the declaration of invalidity: Umarex Sportwaffen GmbH & Co. KommanditGesellschaft

Decision of the Cancellation Division: rejection of the application for a declaration of invalidity of the mark concerned

Decision of the Board of Appeal: annulment of the decision of the Cancellation Division and declaration of invalidity of the Community trade mark

Pleas in law:

The legal basis, namely Article 51(1)(a) of Regulation (EC) No 40/94 [now article 52(1) (a) of Regulation (EC) No 207/2009] on which the annulment of the mark was founded because of its descriptive character, was never referred to in the pleadings before the First Board of Appeal and in any event the assessment of the descriptive character of the mark is incorrect.
Commission Regulation (EC) No 970/2009 of 16 October 2009 on the issue of import licences for applications lodged during the first seven days of October 2009 under the tariff quota opened by Regulation (EC) No 1385/2007 for poultrymeat
Date: 2009-10-16
Institutions: European Commission
Subjects: import licence, import policy, poultrymeat, tariff quota








L_2009273EN.01000301.xml










17.10.2009   


EN


Official Journal of the European Union


L 273/3








            COMMISSION REGULATION (EC) No 970/2009
of 16 October 2009
         
on the issue of import licences for applications lodged during the first seven days of October 2009 under the tariff quota opened by Regulation (EC) No 1385/2007 for poultrymeat


THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,


Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),


Having regard to Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,


Having regard to Commission Regulation (EC) No 1385/2007 of 26 November 2007 laying down detailed rules for the application of Council Regulation (EC) No 774/94 as regards opening and providing for the administration of certain Community tariff quotas for poultrymeat (3), and in particular Article 5(6) thereof,

Whereas:

The applications for import licences lodged during the first seven days of October 2009 for the subperiod from 1 October to 31 December 2009 relate, for some quotas, to quantities exceeding those available. The extent to which import licences may be issued should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested,

HAS ADOPTED THIS REGULATION:



Article 1
The quantities for which import licence applications have been lodged for the subperiod from 1 October to 31 December 2009 under Regulation (EC) No 1385/2007 shall be multiplied by the allocation coefficients set out in the Annex hereto.


Article 2
This Regulation shall enter into force on 17 October 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 October 2009.


For the Commission

Jean-Luc DEMARTY
            

Director-General for Agriculture and Rural Development






(1)  
            OJ L 299, 16.11.2007, p. 1.

(2)  
            OJ L 238, 1.9.2006, p. 13.

(3)  
            OJ L 309, 27.11.2007, p. 47.




ANNEX







Group No


Order No


Allocation coefficient for import licence applications lodged for the subperiod from 1.10.2009-31.12.2009
(%)




1


09.4410


0,116144 




4


09.4420


0,513837