Source: EURLEX
Language: en
Format: md

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| 30.8.2008 | EN | Official Journal of the European Union | C 223/47 |

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

(Case T-226/08)

(2008/C 223/83)

Language in which the application was lodged: German

Parties

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

Form of order sought

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| — | 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); |

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

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| — | order the defendant to pay the costs; |

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| — | in the alternative to the second head of claim, declare Community 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

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).

Proprietor of the Community trade mark: Schwarzbräu GmbH.

Applicant for the declaration of invalidity: The applicant.

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.

Pleas in law: Infringement of Article 7(1)(b), (c) and (g) of Regulation (EC) No 40/94[(1)](#ntr1-C_2008223EN.01004702-E0001).

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