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Document 62010TN0135
Case T-135/10: Action brought on 23 March 2010 — Pieno žvaigždės v OHIM — Fattoria Scaldasole (Iogurt.)
Case T-135/10: Action brought on 23 March 2010 — Pieno žvaigždės v OHIM — Fattoria Scaldasole (Iogurt.)
Case T-135/10: Action brought on 23 March 2010 — Pieno žvaigždės v OHIM — Fattoria Scaldasole (Iogurt.)
IO C 134, 22.5.2010, p. 47–47
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
22.5.2010 |
EN |
Official Journal of the European Union |
C 134/47 |
Action brought on 23 March 2010 — Pieno žvaigždės v OHIM — Fattoria Scaldasole (Iogurt.)
(Case T-135/10)
2010/C 134/76
Language in which the application was lodged: English
Parties
Applicant: AB ‘Pieno žvaigždės’ (Vilnius, Lithuania) (represented by: I. Lukauskienė and R. Žabolienė, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Fattoria Scaldasole Srl (Monguzzo, Italy)
Form of order sought
— |
Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 18 January 2010 in case R 1070/2009-2; and |
— |
Order the defendant to pay the costs of the proceedings. |
Pleas in law and main arguments
Applicant for the Community trade mark: The other party to the proceedings before the Board of Appeal
Community trade mark concerned: The figurative mark ‘Iogurt.’, for goods in class 29
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited: Lithuanian trade mark registration of the figurative mark ‘jogurtas’, for goods in class 29; Community trade mark registration of the figurative mark ‘jogurt’, for goods in class 29
Decision of the Opposition Division: Rejected the opposition in its entirety
Decision of the Board of Appeal: Deemed the appeal not to have been filed
Pleas in law: Infringement of Article 60 of Council Regulation No 207/2009 in conjunction with Article 8 of Commission Regulation No 2869/95 (1) as the Board of Appeal wrongly concluded that the fee for appeal was not paid within the prescribed time-limit of two months from the date of notification of the appealed decision.
(1) Commission Regulation (EC) No 2869/95 of 13 December 1995 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs) (OJ L 303, p. 33)