Source: EURLEX
Language: en
Format: md

**Order of the President of the Court of 12 May 2010 – Torresan v OHIM**

**(Case C‑5/10 P-R)**

Application for interim measures – Appeal – Application for stay of execution of the judgment under appeal – Community trade mark – Invalidity proceedings – Community word mark CANNABIS – Absolute ground for refusal – Descriptive character – Urgency

Applications for interim measures – Stay of execution of a judgment – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof (Art. 278 TFEU) (see paras 14-17, 20-21)

**Re:**

|  |  |  |  |  |
| --- | --- | --- | --- | --- |
| Appeal against the judgment of 19 November 2009 in Case T-234/06 | Torresan | v | OHIM | , by which the Court of First Instance (Second Chamber) dismissed an action contesting the decision of the Second Board of Appeal of OHIM of 29 June 2006 (Case R 517/2005-2) relating to invalidity proceedings between Klosterbrauerei Weissenohe GmbH & Co. KG and Giampietro Torresan. |

**Operative part:**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the application for interim measures; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Reserves the costs. |

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