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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-503/09.
ECLI:EU:T:2011:122
62009TJ0503
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(Case T-503/09)
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
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 18, 23-29)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 8 October 2009 (Case R 645/2008-1) 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 and services in Classes 9, 28 and 38 – Community trade mark No 3249381
Proprietor of the Community trade mark:
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 trade mark at issue
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.