Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Eighth Chamber) of 8 July 2009 – Mineralbrunnen Rhön-Sprudel Egon Schindel v OHIM
– Schwarzbräu (Alaska)**

**(Case T-226/08)**

Community trade mark – Invalidity proceedings – Community word mark Alaska – Absolute ground for refusal – Lack of descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009)

Community trade mark – Surrender, revocation and invalidity – Absolute grounds of invalidity (Council Regulation No 40/94, Arts 7(1)(c) and 51(1)(a)) (see paras 22, 36, 38)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 8 April 2008 (Case R 1124/2004‑4) concerning invalidity proceedings between Mineralbrunnen Rhön-Sprudel Egon Schindel GmbH and Schwarzbräu GmbH. |

**Information relating to the case**

|  |  |
| --- | --- |
| 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 505503 |
| Proprietor of the Community trade mark: | Schwarzbräu GmbH |
| Applicant for the declaration of invalidity: | Mineralbrunnen Rhön-Sprudel Egon Schindel GmbH |
| Decision of the Cancellation Division: | Application for a declaration of invalidity of the trade mark concerned granted in part |
| Decision of the Board of Appeal: | Annulment of the contested decision and dismissal of the application for a declaration of invalidity of the trade mark concerned |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the action; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Mineralbrunnen Rhön-Sprudel Egon Schindel GmbH to bear its own costs and those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM); |

|  |  |  |
| --- | --- | --- |
| 3. |  | Orders Schwarzbräu GmbH to bear its own costs. |

[Top](#document1)