CELEX: C2007/269/103
Language: en
Date: 2007-11-10 00:00:00
Title: Case T-339/07: Action brought on 11 September 2007 — Juwel Aquarium v OHIM — Potschak — Bavaria Aquaristik (Panorama)

10.11.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 269/57
            
         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
   
               —
            
            
               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);
            
         
               —
            
            
               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);
            
         
               —
            
            
               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), 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.
   
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).