Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Second Chamber) of 15 May 2007 – Black & Decker v OHIM – Atlas Copco (Three-dimensional
representations of yellow and black electric power tools)**

**(Joined Cases T-239/05, T-240/05, T-245/05 to T-247/05, T-255/05, T-274/05 to T-280/05)**

Community trade mark – Opposition proceedings – Opposition period – Fax transmission – Admissibility – Clear identification of the earlier trade mark – Rule 18(1) of Regulation (EC) No 2868/95

1.                     *Community trade mark – Proceedings before the OHIM authorities – Transmission of communications to the Office (Commission
Regulation No 2868/95, Art. 1, rule 80(2)) (see paras 59-64)*

2.                     *Community trade mark – Observations of third parties and opposition – Examination of the opposition – Obligation of the opponent
to clearly identify the earlier mark (Council Regulation No 40/94, Art. 42(1); Commission Regulation No 2868/95, Art. 1, rule
18(1)) (see para., 102)*

**Re:**

|  |
| --- |
| THIRTEEN ACTIONS brought against the decisions of the First Board of Appeal of OHIM of 19 April 2005 (R 727/2004-1, R 729/2004-1, R 723/2004-1, R 730/2004-1 and R 724/2004-1), of 27 April 2005 (R 722/2004-1) and of 3 May 2005 (R 788/2004-1, R 789/2004-1, R 790/2004-1, R 791/2004-1, R 792/2004-1, R 793/2004-1 and R 794/2004-1), relating to opposition proceedings between Atlas Copco AB and The Black & Decker Corporation. |

**Information relating to the cases**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | The Black & Decker Corporation |
| Community trade mark sought: | Figurative marks coloured yellow and black representing electric tools; three-dimensional representations of two electric tools in yellow and black and one representation of the juxtaposition of the two colours yellow and black, for products in Class 7 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Atlas Copco AB |
| Mark or sign cited in opposition : | Unregistered marks and signs, commercially used in all Member States to designate electric tools |
| Decision of the Opposition Division: | Oppositions dismissed as inadmissible |
| Decision of the Board of Appeal: | Annulment of the contested decisions and matters referred back to the Opposition Division for further consideration |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
|  |  | Dismisses the actions; |

|  |  |  |
| --- | --- | --- |
|  |  | Orders the applicant to pay the costs. |

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