This document is an excerpt from the EUR-Lex website
Document 62009TJ0225
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.
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.
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.
Thuarascálacha na Cúirte Eorpaí 2010 II-00072*
ECLI identifier: ECLI:EU:T:2010:169
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. |