Appeal – Community trade mark – Regulation (EC) No 40/94 – Community word mark FLUGBÖRSE – Invalidity proceedings – Material date for the examination of an absolute ground for invalidity
Community trade mark – Surrender, revocation and invalidity – Absolute ground for invalidity – Registration contrary to Article 7 – Material date for the examination of an absolute ground for invalidity (Council Regulation No 40/94, Art. 51(1)(a)) (see paras 41, 47)
Appeal against the judgment of the Court of First Instance (Fifth Chamber) of 3 June 2009 in Case T-189/07 Frosch Touristik v OHIM – DSR touristik (FLUGBÖRSE), by which the Court annulled the decision of the Fourth Board of Appeal of OHIM of 22 March 2007 dismissing the appeal by the proprietor of the Community word mark ‘FLUGBÖRSE’ against the decision of the Cancellation Division declaring that mark partially invalid – Determination of the material date for the examination of an absolute ground for invalidity in invalidity proceedings.
The Court:
1.Dismisses the appeal;
2.Orders The Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) to pay the costs.