CELEX: 62007TJ0339
Language: en
Date: 2009-10-28
Title: Judgment of the Court of First Instance (Fourth Chamber) of 28 October 2009. # Juwel Aquarium GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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). # Case T-339/07.

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.