Source: EURLEX
Language: en
Format: md

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| 10.11.2007 | EN | Official Journal of the European Union | C 269/57 |

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Action brought on 11 September 2007 — Juwel Aquarium v OHIM — Potschak — Bavaria Aquaristik (Panorama)

(Case T-339/07)

(2007/C 269/103)

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

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| — | 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); |

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| — | 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); |

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| — | 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)](#ntr1-C_2007269EN.01005702-E0001), 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.

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