Source: EURLEX
Language: en
Format: md

[Keywords](#IX)
  
[Summary](#SM)

## Keywords

Community trade mark – Appeals procedure – Actions before the Community Court – Transfer of the intellectual property right affected – Replacement of the former proprietor of the right by the person claiming under him – Order of the Court of First Instance necessary

(Statute of the Court of Justice, Art. 40; Rules of Procedure of the Court of First Instance, Arts 115, 116 and 134; Council Regulation No 40/94, Art. 63)

## Summary

Since neither the Statute of the Court of Justice nor the Rules of Procedure of the Court of First Instance contain any provisions expressly governing a situation whereby a party to the proceedings before a Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs), which has become a party before the Court of First Instance following the commencement of an action before that court, transfers the intellectual property right affected by the proceedings after the decision of the Board of Appeal, and since the possibility of intervening pursuant to Article 40 of the Statute and Articles 115 and 116 of the Rules of Procedure available to the new owner of the right is not sufficient, in all respects, to take account of the particular situation of the parties to an action in the field of intellectual property, the person claiming under the party before the Board of Appeal must be allowed to replace that party for the purposes of the proceedings before the Court of First of Instance as an intervener under Article 134 of the Rules of Procedure.

That replacement may, however, be allowed only by order of the Court of First Instance, having regard to the positions of the former proprietor of the right and the other parties to the proceedings. Since, essentially, it involves a decision to join a new party to the action, the procedural provisions of Articles 115 and 116 of the Rules of Procedure must, in addition, apply by analogy.

(see paras 15-16, 20, 24-25, 27, 32)

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