Keywords
Summary

Keywords

1. Community trade mark — Appeal procedure — Action brought against the rejection of an application for a trade mark following an opposition procedure — Withdrawal of the opposition — Action 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 from third parties and opposition — Withdrawal of the opposition — Permissible at any time — (Council Regulation No 40/94, Arts 42 to 44)

3. Community trade mark — Appeal procedure — Appeals before the Community judicature — Jurisdiction of the Court of First Instance — Whether it may issue directions to OHIM — Excluded — (Council Regulation No 40/94, Art. 63(6))

Summary

1. The withdrawal of the opposition brought against the registration of a Community trade mark renders devoid of purpose an action before the Court of First Instance contesting the decision of a Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) rejecting the application for a mark on account of the opposition so that, in accordance with Article 113 of the Rules of Procedure, there is no longer any need for the Court of First Instance to rule on the action.

Where the opposition is withdrawn in the course of proceedings before the Board of Appeal for a decision on the opposition or in the course of proceedings before the Community judicature for a ruling on an appeal to the Office against the decision on opposition, there is no longer any basis for the proceedings, with the result that they become devoid of purpose.

see paras 18, 20, 24

2. In opposition proceedings brought against the registration of a Community trade mark under Article 42 et seq. of Regulation No 40/94, an opposition may, in principle be withdrawn at any time. Although it is true that, in the first sentence of Article 44(1) of Regulation No 40/94, the legislature has made express provision only for withdrawal of the trade mark application, the applicant for a Community trade mark and the opponent are none the less placed on an equal footing according to the scheme of the regulation, so that that equality must extend to the possibility of withdrawing procedural documents.

see para. 19

3. Where an action has been brought before the Community judicature against a decision of a Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs), the Office is required, under Article 63(6) of Regulation No 40/94, to take the measures necessary to comply with the order or judgment of the court. Accordingly, the Court is not entitled to issue directions to the Office.

see para. 23