Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Fourth Chamber) of 28 October 2009 – Juwel Aquarium v OHIM – Potschak (Panorama)**

**(Case T-339/07)**

Community trade mark – Invalidity proceedings – Community word mark Panorama – Absolute ground for refusal – Descriptive character – Article 7(1)(c) and Article 51(1)(a) of Regulation (EC) No 40/94 (now Article 7(1)(c) and Article 52(1)(a) of Regulation
(EC) No 207/2009)

Community trade mark – Surrender, revocation and invalidity –Absolute grounds of invalidity – Registration contrary to Article 7(1)(c) of Regulation No 40/94 (Council Regulation No 40/94, Arts 7(1)(c) and 51(1)(a))
(see paras 29-37)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the First Board of Appeal of OHIM of 28 June 2007 (Case R 214/2006-1) relating to invalidity proceedings between Christian Potschak and Juwel Aquarium GmbH & Co. KG. |

**Information relating to the case**

|  |  |
| --- | --- |
| Registered Community trade mark in respect of which a declaration of invalidity has been sought: | Word mark Panorama for goods in Classes 11, 16 and 20 – Community trade mark No 2771087 |
| Proprietor of the Community trade mark: | Juwel Aquarium GmbH & Co. KG |
| Applicant for the declaration of invalidity: | Christian Potschak |
| Decision of the Cancellation Division: | Application for declaration of invalidity dismissed |
| Decision of the Board of Appeal: | Annulment of the decision of the Cancellation Division and partial annulment of the Community trade mark |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Juwel Aquarium GmbH & Co. KG to pay the costs. |

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