Source: EURLEX
Language: en
Format: md

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| 1.3.2014 | EN | Official Journal of the European Union | C 61/9 |

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Judgment of the General Court of 21 January 2014 — Wilmar Trading v OHIM — Agroekola (ULTRA CHOCO)

(Case T-232/12)[(1)](#ntr1-C_2014061EN.01000901-E0001)

(Community trade mark - Opposition proceedings - Application for Community word mark ULTRA CHOCO - Earlier national word mark ultra choco - Unregistered earlier mark ULTRA CHOCO used in the course of trade in the European Union and in Bulgaria - Article 60 of Regulation (EC) No 207/2009 - Failure to comply with the obligation to pay appeal fee within the time-limit - Decision of the Board of Appeal declaring the appeal deemed not to have been filed)

2014/C 61/14

Language of the case: English

Parties

Applicant: Wilmar Trading Pte Ltd (Singapore, Singapore) (represented by: E. Miller, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: C. Negro and D. Botis, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM: Agroekola EOOD (Sofia, Bulgaria)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 27 March 2012 (Case R 87/2012-1), relating to opposition proceedings between Wilmar Trading Pte Ltd and Agroekola EOOD.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action. |

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| 2. | Orders Wilmar Trading Pte Ltd to pay the costs. |

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