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

(Case T-225/08)

Community trade mark – Invalidity proceedings – Community figurative 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, 37, 39)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 8 April 2008 (Case R 877/2004‑4) 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:	The figurative mark ALASKA for goods in Class 32 – Community trade mark No 505552
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:	Rejection of the application for the declaration of invalidity of the trade mark concerned
Decision of the Board of Appeal:	Appeal dismissed

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.