Order — ECLI:EU:T:2004:134
Date: 2004-05-06
Language of the case: German
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Admissibility and examination of applications, forms of order sought and pleas in law;Actions before the Community Courts
Procedure: Action for annulment

Summary of the Order Community trade mark – Appeals procedure – Action brought against the rejection of a trade mark application following the lodging of opposition – Withdrawal of the opposition – Admissibility at any time – Discontinuance by the applicant – Removal from the Register (Rules of Procedure of the Court of First Instance, Art. 99; Council Regulation No 40/94, Art. 43(5)) In opposition proceedings brought against the registration of a Community trade mark, opposition may be withdrawn at any time. Accordingly, if opposition is withdrawn before the refusal of the application for registration under Article 43(5) of Regulation No 40/94 on the Community trade mark has become final, the decision of the Opposition Division and that of the Board of Appeal ruling on the opposition become redundant and cannot be an impediment to the registration of the trade mark. If, in such circumstances, the applicant informs the Court in writing that he wishes to discontinue the proceedings, the President is to order the case to be removed from the Register under Article 99 of the Rules of Procedure. (see paras 3-4)