CELEX: 62009TJ0419
Language: en
Date: 2011-03-24 00:00:00
Title: Judgment of the General Court (Fifth Chamber) of 24 March 2011. # Cybergun SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Invalidity proceedings - Community word mark AK 47 - Absolute ground for refusal - Descriptive character - Article 7(1)(c) and Article 52(1)(a) of Regulation (EC) No 207/2009. # Case T-419/09.

Judgment of the General Court (Fifth Chamber) of 24 March 2011 – Cybergun v OHIM – Umarex Sportwaffen (AK 47)
      (Case T-419/09)
      Community trade mark – Invalidity proceedings – Community word mark AK 47 – Absolute ground for refusal – Descriptive character – Article 7(1)(c) and Article 52(1)(a) of Regulation (EC) No 207/2009
      1.                     Community trade mark – Appeals procedure – Appeal brought against a decision of a unit of the Office ruling at first instance
            and referred to the Board of Appeal – Functional continuity between those two bodies – Examination of the appeal by the Board
            of Appeal – Scope (Council Regulation No 207/2009, Art. 64(1)) (see paras 15-18)
      2.                     Community trade mark – Surrender, revocation and invalidity – Absolute grounds of invalidity – Registration contrary to Article
            7(1)(c) of Regulation No 207/2009 (Council Regulation No 207/2009, Arts 7(1)(c) and 52(1)(a)) (see paras 37, 42-45)
      Re: 
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 5 August 2009 (Case R 1101/2007-1) relating to
                  invalidity proceedings between Umarex Sportwaffen GmbH & Co. KG and Cybergun SA.
               
            Information relating to the case 
      
               Registered Community trade mark of which cancellation sought: 
            
            
               Word mark AK 47 for goods in Class 28 – Community trade mark No 4528378
            
         
               Proprietor of the Community trade mark: 
            
            
               Cybergum SA
            
         
               Party requesting the declaration of invalidity of the Community trade mark: 
            
            
               Umarex Sportwaffen GmbH & Co. KG
            
         
               Decision of the Cancellation Division: 
            
            
               Rejection of the application for a declaration of invalidity of the mark concerned
            
         
               Decision of the Board of Appeal: 
            
            
               Annulment of the decision of the Cancellation Division and declaration of invalidity of the Community trade mark
            
         
      Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Cybergun SA to pay the costs.