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. 1. Dismisses the action;

2. 2. Orders Cybergun SA to pay the costs.