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Document 62009TJ0503

    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.

    Izvješća Suda EU-a 2011 II-00074*

    ECLI identifier: ECLI:EU:T:2011:122





    Judgment of the General Court (Fifth Chamber) of 24 March 2011 – Cybergun v OHIM – Umarex Sportwaffen (AK 47)

    (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:

    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 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.

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