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.

Judgment of the General Court (Fifth Chamber) of 24 March 2011 – Cybergun v OHIM – Umarex Sportwaffen (AK 47) (Case T-419/09) 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 1.                     Community trade mark – Appeals procedure – Appeal brought against a decision of a unit of the Office ruling at first instance and referred to the Board of Appeal – Functional continuity between those two bodies – Examination of the appeal by the Board of Appeal – Scope (Council Regulation No 207/2009, Art. 64(1)) (see paras 15-18) 2.                     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 37, 42-45) 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. Information relating to the case Registered Community trade mark of which cancellation sought: Word mark AK 47 for goods in Class 28 – Community trade mark No 4528378 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 mark concerned 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. Dismisses the action; 2. Orders Cybergun SA to pay the costs.