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Document 62011CO0406
Order of the Court (Sixth Chamber) of 9 March 2012. # Atlas Transport GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Appeal - Article 119 of the Rules of Procedure - Community trade mark - Invalidity proceedings - Admissibility before the Board of Appeal - Failure to file a statement setting out the grounds of appeal - Regulation (EC) No 40/94 - Article 59 - Regulation (EC) No 2868/95 - Rule 49(1) - Stay of proceedings - Regulation (EC) No 2868/95 - Rule 20(7)(c) - Appeal manifestly inadmissible and manifestly unfounded. # Case C-406/11 P.
Order of the Court (Sixth Chamber) of 9 March 2012.
Atlas Transport GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Appeal - Article 119 of the Rules of Procedure - Community trade mark - Invalidity proceedings - Admissibility before the Board of Appeal - Failure to file a statement setting out the grounds of appeal - Regulation (EC) No 40/94 - Article 59 - Regulation (EC) No 2868/95 - Rule 49(1) - Stay of proceedings - Regulation (EC) No 2868/95 - Rule 20(7)(c) - Appeal manifestly inadmissible and manifestly unfounded.
Case C-406/11 P.
Order of the Court (Sixth Chamber) of 9 March 2012.
Atlas Transport GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Appeal - Article 119 of the Rules of Procedure - Community trade mark - Invalidity proceedings - Admissibility before the Board of Appeal - Failure to file a statement setting out the grounds of appeal - Regulation (EC) No 40/94 - Article 59 - Regulation (EC) No 2868/95 - Rule 49(1) - Stay of proceedings - Regulation (EC) No 2868/95 - Rule 20(7)(c) - Appeal manifestly inadmissible and manifestly unfounded.
Case C-406/11 P.
Court reports – general – 'Information on unpublished decisions' section
ECLI identifier: ECLI:EU:C:2012:136
Order of the Court (Sixth Chamber) of 9 March 2012 —
Atlas Transport v OHIM
(Case C‑406/11 P)
Appeal — Article 119 of the Rules of Procedure — Community trade mark — Invalidity proceedings — Admissibility before the Board of Appeal — Failure to file a statement setting out the grounds of appeal — Regulation (EC) No 40/94 — Article 59 — Regulation (EC) No 2868/95 — Rule 49(1) — Stay of proceedings — Regulation (EC) No 2868/95 — Rule 20(7)(c) — Appeal manifestly inadmissible and manifestly unfounded
1. Appeals — Grounds — Mere repetition of the pleas and arguments put forward before the General Court — Error of law relied on not identified — Inadmissibility (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the General Court, Art. 112(1)(c)) (see paras 31, 32)
2. Community trade mark — Appeals procedure — Form of appeal and period within which it must be brought — Pleading setting out the grounds lodged within the period prescribed — Condition of admissibility (Council Regulation No 40/94, Art. 59; Commission Regulation No 2868/95, Art. 1, Rule 49(1)) (see para. 46)
Re:
Appeal brought against the judgment of the General Court (Third Chamber) of 16 May 2011 in Case T‑145/08 | Atlas Transport GmbH | v | OHIM | , by which that court dismissed the action brought against the decision of the First Board of Appeal of OHIM of 24 January 2008 (Case R 1023/2007-1) relating to invalidity proceedings between ATLAS Air Inc. and Atlas Transport GmbH — Interpretation of Article 59 of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1) and of Rule 20(7)(c) of Commission Regulation (EC) No 2868/95 of 13 December 1995 implementing Regulation No 40/94 (OJ 1995 L 303, p. 1) — Circumstances justifying the stay of the cancellation proceedings — Application for annulment of the mark on which the opposition is founded pending before the national court. |
Operative part
1. |
The appeal is dismissed. |
2. |
Atlas Transport GmbH is ordered to pay the costs. |