Order of the Court (Fifth Chamber) of 16 May 2011.#Giampietro Torresan v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).#Appeal - Community trade mark - Word mark CANNABIS - Invalidity proceedings - Absolute ground for refusal - Descriptive character - Regulation (EC) No 40/94 - Article 7(1)(c).#Case C-5/10 P.

Subject of the case

Re

Appeal against the judgment of the Court of First Instance (Second Chamber) of 19 November 2009 in Case T-234/06 Torresan v OHIM , by which that court dismissed the action brought against the decision of the Second Board of Appeal of OHIM of 29 June 2006 (Case R 517/2005-2), relating to invalidity proceedings between Klosterbrauerei Weissenohe GmbH & Co. KG and Giampietro Torresan.

Operative part

Operative part

1. The appeal is dismissed.

2. Mr Torresan is ordered to pay the costs.