Order — ECLI:EU:T:2008:412
Date: 2008-10-06
Language of the case: French
Court formation: Third Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Notification and transmission
Procedure: Action for annulment - inadmissible
Origin: Greece

Action brought on 25 September 2007 - Kaloudis v OHIM - Fédération Française de Tennis (Roland Garros SPORTSWEAR) (Case T -380/07) Language in which the application was lodged: French Parties Applicant: Dimitrios Kaloudis (Dassia-Corfu, Greece) (represented by: G. Kaloudis, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Other party to the proceedings before the Board of Appeal of OHIM: Fédération Française de Tennis Form of order sought Annul the Decision of the Fourth Board of Appeal of OHIM of 19 July 2007; Allow the application for the Community trade mark Roland Garros SPORTSWEAR No 3114477 for Class 25; Order the other party to the proceedings before the Board of Appeal to pay the costs. Pleas in law and main arguments Applicant for a Community trade mark: the applicant. Community trade mark concerned: figurative mark 'Roland Garros SPORTSWEAR' for goods in Class 25 - application No 3114477. Proprietor of the mark or sign cited in the opposition proceedings: Fédération Française de Tennis Mark or sign cited in opposition: national mark 'Roland Garros' for goods in Classes 3, 16, 18, 22, 25, 28, 32, 41 and 42. Decision of the Opposition Division: opposition upheld for all the goods in dispute. Decision of the Board of Appeal: appeal brought by the applicant deemed not filed by reason of the late payment of the appeal fee. ____________