Source: EURLEX
Language: en
Format: md

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| 12.11.2011 | EN | Official Journal of the European Union | C 331/6 |

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Judgment of the Court (Second Chamber) of 22 September 2011 — Bell & Ross BV v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Klockgrossisten i Norden AB

(Case C-426/10 P)[(1)](#ntr1-C_2011331EN.01000601-E0001)

(Appeal - Signed original application lodged out of time - Regularisable defect)

2011/C 331/08

Language of the case: French

Parties

Appellant: Bell & Ross BV (represented by: S. Guerlain, avocat)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent), Klockgrossisten i Norden AB

Re:

Appeal against the order of the General Court (Sixth Chamber) delivered on 18 June 2010 in Case T-51/10 Bell & Ross v OHIM — Klockgrossisten i Norden, whereby the General Court dismissed the action brought against the decision of the Third Board of Appeal of OHIM of 27 October 2009 (Case R 1267/2008-3) in invalidity proceedings between Klockgrossisten i Norden AB and Bell & Ross BV — Signed original application lodged out of time — Concepts of ‘excusable error’ and ‘unforeseeable circumstances’ — Principles of legitimate expectations and proportionality — Manifest inadmissibility

Operative part of the judgment

The Court:

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| 1. | Dismisses the appeal; |

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| 2. | Orders Bell & Ross BV to pay the costs. |

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