Judgment of the Court of First Instance of 8 July 2009 - Mineralbrunnen Rhön-Sprudel Egon Schindel v OHIM - Schwarzbräu (Alaska)
(Community trade mark - Invalidity proceedings - Community word mark ALASKA - Absolute ground for refusal - Lack of descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009))
Language of the case: German
Parties
Applicant: Mineralbrunnen Rhön-Sprudel Egon Schindel GmbH (Ebersburg, Germany) (represented by: P. Wadenbach, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Schwarzbräu GmbH (Zusmarshausen, Germany) (represented by: L. Schlarmann, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 8 April 2008 (Case R 1124/2004-4) concerning invalidity proceedings between Mineralbrunnen Rhön-Sprudel Egon Schindel GmbH and Schwarzbräu GmbH.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Mineralbrunnen Rhön-Sprudel Egon Schindel GmbH to bear its own costs and those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM);
3. Orders Schwarzbräu GmbH to bear its own costs.
____________1 - OJ C 223, 30.8.2008.