Order of the Court (Fifth Chamber) of 23 April 2010.#Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) v Frosch Touristik GmbH.#Appeal - Community trade mark - Regulation (EC) No 40/94 - Community word mark FLUGBÖRSE - Invalidity proceedings - Material date for the examination of an absolute ground for invalidity.#Case C-332/09 P.

Subject of the case

Re:

Appeal against the judgment of the Court of First Instance (Fifth Chamber) of 3 June 2009 in Case T-189/07 Frosch Touristik v OHIM – DSR touristik (FLUGBÖRSE) , by which the Court annulled the decision of the Fourth Board of Appeal of OHIM of 22 March 2007 dismissing the appeal by the proprietor of the Community word mark ‘FLUGBÖRSE’ against the decision of the Cancellation Division declaring that mark partially invalid – Determination of the material date for the examination of an absolute ground for invalidity in invalidity proceedings.

Operative part

Operative part

The Court:

1. Dismisses the appeal;

2. Orders The Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) to pay the costs.