Source: EURLEX
Language: en
Format: md

Judgment of the General Court (Fifth Chamber) of 20 October 2016 — Lufthansa AirPlus Servicekarten v EUIPO — Mareea Comtur (airpass.ro)

(Case T‑14/15)

‛EU trade mark — Opposition proceedings — Application for EU figurative mark airpass.ro — Earlier EU word mark AirPlus International — Opposition dismissed — Rule 21 of Regulation (EC) No 2865/95 — No need to adjudicate — Article 81(4) of Regulation (EC) No 207/2009’

| 1. | EU trade mark — Appeals procedure — Persons entitled to appeal and to be parties to the proceedings — Persons whose claims not upheld by a decision — Decision entirely upholding the party’s claims (Council Regulation No 207/2009, Art. 65(4)) (see para. 20) |

| 2. | Actions for annulment — Natural or legal persons — Interest in bringing proceedings — Need for an actual and current interest — Assessment at the time when the action was lodged — Action capable of securing a benefit for the applicant — None — Inadmissibility (Art. 263, fourth para., TFEU) (see paras 22, 23) |

| 3. | EU trade mark — Appeals procedure — Appeal to a Board of Appeal — Competence of the Boards of Appeal — New full examination of the merits (Council Regulation No 207/2009, Art. 64(1)) (see paras 30, 31) |

| 4. | EU trade mark — Procedural provisions — Examination of the facts of the Office’s own motion — Opposition proceedings — Examination restricted to the submissions of the parties — Well-known facts taken into account (Council Regulation No 207/2009, Art. 76(1)) (see para. 32) |

| 5. | Judicial proceedings — Application initiating proceedings — Formal requirements — Brief summary of the pleas in law on which the application is based (Rules of Procedure of the General Court (1991), Art. 44(1)(c)) (see para. 38) |

Re:

ACTION brought against the decision of the Fifth Board of Appeal of EUIPO of 17 October 2014 (Case R 1918/2013-5), relating to opposition proceedings between Lufthansa AirPlus Servicekarten and SC Mareea Comtur.

Operative part

The Court:

| 1. | Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 17 October 2014 (Case R 1918/2013-5) in so far as it concerns ‘advertising; business management; business administration; office functions’ in Class 35 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, of 15 June 1957, as revised and amended; |

| 2. | Orders EUIPO to bear its own costs and those incurred by Lufthansa AirPlus Servicekarten GmbH. |

[Top](#document1)