Community trade mark Opposition proceedings Application for the Community three dimensional mark Claro Earlier Community word mark CLARO Inadmissibility of the appeal brought before the Board of Appeal Articles 59 and 62 of Regulation (EC) No 40/94 (now Articles 60 and 64 of Regulation (EC) No 207/2009) Rule 49(1) of Regulation (EC) No 2868/95
Sumário
Judgment of the General Court (Fifth Chamber) of 28 April 2010.
Claro, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for the Community three-dimensional mark Claro - Earlier Community word mark CLARO - Inadmissibility of the appeal brought before the Board of Appeal - Articles 59 and 62 of Regulation (EC) No 40/94 (now Articles 60 and 64 of Regulation (EC) No 207/2009) - Rule 49(1) of Regulation (EC) No 2868/95.
Case T-225/09.
Texto da decisão
Judgment of the General Court (Fifth Chamber) of 28 April 2010 – Claro v OHIM – Telefónica (Claro)
(Case T-225/09)
Community trade mark – Opposition proceedings – Application for the Community three-dimensional mark Claro – Earlier Community word mark CLARO – Inadmissibility of the appeal brought before the Board of Appeal – Articles 59 and 62 of Regulation (EC) No 40/94 (now Articles 60 and 64 of Regulation (EC) No 207/2009) – Rule 49(1) of Regulation (EC) No 2868/95
Community trade mark – Appeals procedure – Time-limit and form of appeal – Lodging of a document setting out the grounds within the time-limits – Condition of admissibility (Council Regulation No 40/94, Art. 59; Commission Regulation No 2868/95, Art. 1, Rule 49) (see paras 19-21)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 26 February 2009 (Case R 1079/2008-2), relating to opposition proceedings between Telefónica, SA and BCP S/A. |
Information relating to the case
|
Applicant for the Community trade mark: |
Claro SA |
|
Community trade mark sought: |
Three-dimensional trade mark containing the word element Claro for goods and services in Classes 9 and 38 – Application No 5229241 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Telefónica, SA |
|
Mark or sign cited in opposition: |
Earlier Community word mark CLARO (No 2017341), for, inter alia, goods and services in Classes 9 and 38 |
|
Decision of the Opposition Division: |
Opposition upheld |
|
Decision of the Board of Appeal: |
Appeal dismissed as inadmissible, since the applicant had not filed the relevant statement of grounds for the appeal |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Claro, SA to pay the costs. |