Cybergun SA registered in early 2000’s the CTM ‘AK 47’ for goods and services in Classes 9, 24, 25, 28 and 38. The Boards of appeal, overturning the Cancellation division’ s refusal, cancelled the CTM on the grounds of Article 7(1) (c) CTMR.

The General Court upheld in joint cases T-503/09 and T-419/09 the cancellation on absolute grounds because it is a reference to the famous assault rifle developed by Mr. Kalachnikov, introduced into service in the Soviet Union in 1947: ‘a’ standing for automatic, ‘k’ referring to its creator, and 47 to the year it was put into service. Indeed, the trademark is descriptive for the goods and services such as rifle toys, and electronic services using guns replica and scale models using virtual targets, and will not be identified as a source indication.