Keywords
Summary

Keywords

1. Community trade mark — Appeals procedure — Action brought against the rejection of a trade mark application following an opposition — Withdrawal of the opposition — Action rendered devoid of purpose — No need to adjudicate — (Rules of Procedure of the Court of First Instance, Art. 113; Council Regulation No 40/94, Art. 63)

2. Community trade mark — Observations of third parties and opposition — Withdrawal of the opposition — Permissible at any time — (Council Regulation No 40/94, Arts 42 to 44)

Summary

1. Withdrawal of the opposition to registration of a Community trade mark makes an action brought before the Court of First Instance against an Appeal Board decision of the Office for Harmonisation in the Internal Market (Trade Marks and Designs), which rejected the trade mark application by reason of the opposition, devoid of purpose, so that, pursuant to Article 113 of the Rules of Procedure there is no further need for the Court to adjudicate.

Where the opposition is withdrawn during proceedings before the Board of Appeal, for a decision on the opposition, or during proceedings before the Community judicature, for a decision on an appeal made to the Office against the decision on the opposition, the foundation of the proceedings disappears and they thus become devoid of purpose.

see paras 14, 16

2. In opposition proceedings against registration of a Community trade mark pursuant to Article 42 et seq. of Regulation No 40/94, the opposition may in principle be withdrawn at any time. Whilst, in the first sentence of Article 44(1) of Regulation No 40/94, the legislature made express provision only for the possibility of withdrawing the trade mark application, the general system of the regulation places the applicant and the opponent on an equal footing in opposition proceedings, so that that equality also applies to the ability to withdraw pleadings.

see para. 15