Juwel Aquarium trade mark left floundering

    December 2009

    In Case T-339/07 Juwel Aquarium GmbH v OHIM (28 October 2009) the CFI has upheld a declaration of invalidity against a registered mark on the grounds of descriptiveness.

    In February 2004, Juwel Aquarium registered the word mark "Panorama", as a CTM for goods and services in classes 11, 16 and 20. Later that year, Bavaria Aquaristik applied for a declaration of invalidity on the ground that the mark had been registered in breach of Article 7(1).

    In 2006, the application for a declaration of invalidity was refused by the Cancellation Division. In a subsequent appeal to OHIM's Board of Appeal, this decision was annulled and the application for a declaration of invalidity was upheld.