CELEX: 62009TJ0488
Community trade mark
Opposition proceedings
Application for Community word mark REDTUBE
Earlier unregistered national mark Redtube
Failure to pay the opposition fee within the prescribed period
Decision deeming the opposition non-existent
Article 8(3) of Regulation (EC) No 2869/95
Protection of legitimate expectations
Rule 17 of Regulation (EC) No 2868/95
Ex parte proceedings
Article 8(2) of Regulation (EC) No 216/96
Rule 18 of Regulation No 2868/95
Legal nature of a communication from OHIM informing a party that an opposition has been found to be admissible
Rule of parallelism of procedural requirements and of the actus contrarius
Article 80 of Regulation (EC) No 207/2009

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 29 September 2009 (Case R 442/2009-4), concerning
opposition proceedings between Jager & Polacek GmbH and RT Mediasolutions s.r.o.
Information relating to the case
Applicant for the Community trade mark:
RT Mediasolutions s.r.o.
Community trade mark sought:
Word mark REDTUBE for goods and services in Classes 9, 38 and 41 – Application No 6096309
Proprietor of the mark or sign cited in the opposition proceedings:
Jager & Polacek GmbH
Mark or sign cited in opposition:
Non-registered trade mark Redtube
Decision of the Opposition Division:
The notice of opposition is deemed not to have been entered
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Jager & Polacek GmbH to pay the costs.