Source: EURLEX
Language: en
Format: md

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| 22.10.2011 | EN | Official Journal of the European Union | C 311/39 |

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Judgment of the General Court of 9 September 2011 — dm-drogerie markt v OHIM — Distribuciones Mylar (dm)

(Case T-36/09)[(1)](#ntr1-C_2011311EN.01003901-E0001)

(Community trade mark - Opposition proceedings - Application for the Community word mark dm - Earlier national figurative mark dm - Administrative procedure - Decisions of the Opposition Divisions - Revocation - Correction of clerical errors - Legally non-existent measure - Admissibility of appeals before the Board of Appeal - Time-limit for filing an appeal - Legitimate expectations - Articles 59, 60a, 63 and 77a of Regulation (EC) No 40/94 (now Articles 60, 62, 65 and 80 of Regulation (EC) No 207/2009) - Rule 53 of Regulation (EC) No 2868/95)

2011/C 311/69

Language of the case: English

Parties

Applicant: dm-drogerie markt GmbH & Co. KG (Karlsruhe, Germany) (represented by: O. Bludovsky and C. Mellein, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by J. Novais Gonçalves and subsequently by G. Schneider, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM: Distribuciones Mylar, SA (Gelves, Spain)

Re:

Action against the decision of the First Board of Appeal of OHIM of 30 October 2008 (Case R 228/2008-1), relating to opposition proceedings between Distribuciones Mylar, SA and dm-drogerie markt GmbH & Co. KG.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 30 October 2008 (Case R 228/2008-1) relating to opposition proceedings between Distribuciones Mylar, SA and dm-drogerie markt GmbH & Co. KG in so far as it did not declare the amended version of the Opposition Division’s decision of 16 May 2007 to be null and void; |

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| 2. | Dismisses the remainder of the action; |

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| 3. | Orders OHIM to pay the costs. |

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