Order — ECLI:EU:C:2012:575
Date: 2012-09-18
Language of the case: English
Court formation: Seventh Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment;Appeal - decision unnecessary

Order of the President of the Court on 19 July 2012 — Omnicare v OHIM (Joined Cases C‑587/11 P‑R and C‑588/11 P‑R) Interim relief — Appeals — Application for interim measures — Community trade mark Interim relief — Interim measures — Conditions for granting — Serious and irreparable damage — Burden of proof (Art. 279 TFEU) (see point 30) Re: Appeals brought against the judgment of the General Court (First Chamber) of 9 September 2011 in Case T‑289/09 Omnicare, Inc v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) by which the General Court dismissed an action, brought by the applicant for word marks ‘OMNICARE CLINICAL RESEARCH’ and ‘OMNICARE’ for services in Class 42, for the annulment of Decisions R 401/2008‑4 and R 402/2008‑4 of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 14 May 2009 annulling the decision of the Opposition Division which rejected the opposition brought by the proprietor of the national mark ‘OMNICARE’ for services in Classes 35, 41 and 42 — Interpretation and application of Article 8(1)(b) of Regulation No 207/2009 — Notion of genuine use of an earlier mark — Mark used for services provided free of charge. Operative part 1. The applications for interim measures are dismissed. 2. Costs are reserved.