CELEX: 62009TJ0225
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

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.