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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.
ECLI:EU:T:2009:415
62007TJ0339
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(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:
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.