Source: EURLEX
Language: en
Format: md

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| 21.3.2016 | EN | Official Journal of the European Union | C 106/35 |

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Order of the General Court of 26 January 2016 — Permapore v OHIM — José Joaquim Oliveira II — Jardins & Afins (Terraway)

(Case T-277/15)[(1)](#ntr1-C_2016106EN.01003501-E0001)

((Community trade mark - Opposition proceedings - Application for Community figurative mark Terraway - Earlier national and international word marks TERRAWAY - Partial rejection of the opposition - Failure to comply with the obligation to pay the appeal fee within the period prescribed - Decision of the Board of Appeal declaring that the appeal is deemed not to have been filed - Action manifestly lacking any basis in law))

(2016/C 106/40)

Language of the case: Portuguese

Parties

Applicant: Permapore Ltd (Nenagh, Ireland) (represented by: J. Sales, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Schifko, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: José Joaquim Oliveira II — Jardins & Afins Lda (Grijó, Portugal) (represented by: M. Oehen Mendes, R. Duarte Morais, M. Ribeiro da Fonseca and S. Luís Dias, lawyers)

Re:

Application for annulment of the decision of the First Board of Appeal of OHIM of 5 March 2015 (Case R 2496/2014-1), relating to opposition proceedings between José Joaquim Oliveira II — Jardins & Afins Lda and Permapore Ltd.

Operative part of the order

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| 1. | The action is dismissed. |

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| 2. | Permapore Ltd is ordered to bear its own costs and pay those incurred by the by the Office for Harmonisation in the Internal Market (trade marks and designs) (OHIM). |

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| 3. | José Joaquim Oliveira II — Jardins & Afins Lda is ordered to bear its own costs. |

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