Order of the Court (Seventh Chamber) of 18 September 2012 — Omnicare v OHIM

(Case C-588/11 P)

‛Appeal — Community trade mark — Application for registration of the word sign ‘OMNICARE’ — Opposition — Decision of the Board of Appeal rejecting the application for registration — Action — Judgment of the General Court dismissing that action — Withdrawal of the opposition — Appeal — No need to adjudicate’

Community trade mark — Appeal procedure — No need to adjudicate — Appeal brought by the applicant for a Community trade mark against a judgment of the General Court confirming the decision of a Board of Appeal which refused registration — Withdrawal of the opposition brought against the application for registration — End of the proceedings (Council Regulation No 40/94, Art. 63) (see paras 11, 12)

Re

Appeal brought against the judgment of the General Court (First Chamber) of 9 September 2011 in Case T-290/09 Omnicare v OHIM — Astellas Pharma (OMNICARE), by which the General Court dismissed an action, brought by the applicant for the word mark ‘OMNICARE’ for services in Class 42, for the annulment of Decision 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 Opposition Division’s decision to reject 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 — Concept of genuine use of an earlier mark — Mark used for services provided free of charge.

Operative part

1. There is no need to adjudicate on the appeal brought by Omnicare Inc.

2. Omnicare Inc. shall pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) in the course of the present proceedings and the proceedings for interim measures.

3. Omnicare Inc. and Astellas Pharma GmbH shall each bear their own costs.

Order of the Court (Seventh Chamber) of 18 September 2012 — Omnicare v OHIM

(Case C-588/11 P)

‛Appeal — Community trade mark — Application for registration of the word sign ‘OMNICARE’ — Opposition — Decision of the Board of Appeal rejecting the application for registration — Action — Judgment of the General Court dismissing that action — Withdrawal of the opposition — Appeal — No need to adjudicate’

Community trade mark — Appeal procedure — No need to adjudicate — Appeal brought by the applicant for a Community trade mark against a judgment of the General Court confirming the decision of a Board of Appeal which refused registration — Withdrawal of the opposition brought against the application for registration — End of the proceedings (Council Regulation No 40/94, Art. 63) (see paras 11, 12)

Re

Appeal brought against the judgment of the General Court (First Chamber) of 9 September 2011 in Case T-290/09 Omnicare v OHIM — Astellas Pharma (OMNICARE), by which the General Court dismissed an action, brought by the applicant for the word mark ‘OMNICARE’ for services in Class 42, for the annulment of Decision 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 Opposition Division’s decision to reject 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 — Concept of genuine use of an earlier mark — Mark used for services provided free of charge.

Operative part

1. There is no need to adjudicate on the appeal brought by Omnicare Inc.

2. Omnicare Inc. shall pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) in the course of the present proceedings and the proceedings for interim measures.