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30.8.2008 |
EN |
Official Journal of the European Union |
C 223/47 |
Action brought on 13 June 2008 — Mineralbrunnen Rhön-Sprudel Egon Schindel v OHIM — Schwarzbräu (ALASKA)
(Case T-225/08)
(2008/C 223/82)
Language in which the application was lodged: 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)
Other party to the proceedings before the Board of Appeal of OHIM: Schwarzbräu GmbH (Zusmarshausen, Germany)
Form of order sought
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Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 8 April 2008 (Case R 877/2004-4); |
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Completely delete the Community trade mark No 505 552 ‘ALASKA’ owing to the existence of absolute grounds for refusal; |
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Order the defendant to bear the costs of the proceedings; |
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In the alternative to the second application, declare Community trade mark No 505 552 ‘ALASKA’ invalid at least in respect of the following goods: ‘Mineral waters and carbonated waters and other non-alcoholic drinks in Class 32’. |
Pleas in law and main arguments
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 505 552)
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: Dismissal of the applicant's appeal.
Pleas in law: Infringement of Article 7(1)(b), (c) and (g) of Regulation (EC) No 40/94 (1).
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).