Judgment of the General Court of 24 March 2011 - Cybergun v OHIM - Umarex Sportwaffen (AK 47)
(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)
Language of the case: German
Parties
Applicant: Cybergun SA (Bondoufle, France) (represented by: S. Guyot, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Umarex Sportwaffen GmbH & Co. KG (Arnsberg, Germany) (represented by: M.-H. Hoffmann, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 5 August 2009 (Case R 1101/2007-1) relating to invalidity proceedings between Umarex Sportwaffen GmbH & Co. KG and Cybergun SA.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Cybergun SA to pay the costs.
____________1 - OJ C 312, 19.12.2009.