CELEX: 62010CO0005
Language: en
Date: 2010-05-12 00:00:00
Title: Order of the President of the Court of 12 May 2010.#Giampietro Torresan v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).#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.#Case C-5/10 P-R.

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.