Judgment of the Court of First Instance (Eighth Chamber) of 8 July 2009 – Mineralbrunnen Rhön-Sprudel Egon Schindel v OHIM – Schwarzbräu (Alaska)

(Case T-226/08)

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)

Community trade mark – Surrender, revocation and invalidity – Absolute grounds of invalidity (Council Regulation No 40/94, Arts 7(1)(c) and 51(1)(a)) (see paras 22, 36, 38)

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.

Information relating to the case

Registered Community trade mark in respect of which a declaration of invalidity has been sought:	Word mark Alaska for goods in Class 32 – Community trade mark No 505503
Proprietor of the Community trade mark:	Schwarzbräu GmbH
Applicant for the declaration of invalidity:	Mineralbrunnen Rhön-Sprudel Egon Schindel GmbH
Decision of the Cancellation Division:	Application for a declaration of invalidity of the trade mark concerned granted in part
Decision of the Board of Appeal:	Annulment of the contested decision and dismissal of the application for a declaration of invalidity of the trade mark concerned

Operative part

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.