Order — ECLI:EU:C:2009:135
Date: 2009-03-05
Language of the case: German
Court formation: Eighth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Opposition proceedings;Time-limits
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible
Origin: Germany

Order of the Court (Eighth Chamber) of 5 March 2009 - K & L Ruppert Stiftung & Co. Handels-KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Natália Cristina Lopes de Almeida Cunha, Cláudia Couto Simões, Marly Lima Jatobá (Case C-90/08 P) 1 (Appeal - Community trade mark - Application for registration of the Community figurative mark CORPO LIVRE - Opposition on the part of the proprietor of the earlier national and international word marks LIVRE - Proof of use of the earlier marks submitted out of time - Rejection of the opposition) Language of the case: German Parties Appellant: K & L Ruppert Stiftung & Co. Handels-KG (represented by: D. Spohn, Rechtsanwältin) Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent), Natália Cristina Lopes de Almeida Cunha, Cláudia Couto Simões, Marly Lima Jatobá Re: Appeal against the judgment of the Court of First Instance (Second Chamber) of 12 December 2007 in Case T-86/05 K & L Ruppert Stiftung v OHIM - Lopes de Almeida Cunha, Couto Simões, Lima Jatobá by which the Court dismissed an action for annulment brought by the proprietor of the national and international word marks 'LIVRE' for goods in Class 25 against the decision of the First Board of Appeal of OHIM of 7 December 2004 dismissing the appeal against the Opposition Division's decision rejecting the opposition brought by that proprietor against registration of the Community figurative mark 'CORPO LIVRE' in respect of goods in Classes 18 and 25 - Opposition proceedings - Rejection of the opposition on the basis that the proof of use of the earlier marks was submitted out of time Operative part of the order The Court: Dismisses the appeal; Orders K & L Ruppert Stiftung & Co. Handels-KG to pay the costs. ____________ 1 - 2 - OJ C 142, 07.06.2008.