CELEX: 62009TJ0225
Language: en
Date: 2010-04-28
Title: Judgment of the General Court (Fifth Chamber) of 28 April 2010. # Claro, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the Community three-dimensional mark Claro - Earlier Community word mark CLARO - Inadmissibility of the appeal brought before the Board of Appeal - Articles 59 and 62 of Regulation (EC) No 40/94 (now Articles 60 and 64 of Regulation (EC) No 207/2009) - Rule 49(1) of Regulation (EC) No 2868/95. # Case T-225/09.

Judgment of the General Court (Fifth Chamber) of 28 April 2010 – Claro v OHIM – Telefónica (Claro)
      (Case T-225/09)
      Community trade mark – Opposition proceedings – Application for the Community three-dimensional mark Claro – Earlier Community word mark CLARO – Inadmissibility of the appeal brought before the Board of Appeal – Articles 59 and 62 of Regulation (EC) No 40/94 (now Articles 60 and 64 of Regulation (EC) No 207/2009) – Rule 49(1) of Regulation (EC) No 2868/95
      Community trade mark – Appeals procedure – Time-limit and form of appeal – Lodging of a document setting out the grounds within the time-limits – Condition of admissibility (Council Regulation No 40/94, Art. 59; Commission Regulation No 2868/95, Art. 1, Rule 49) (see
         paras 19-21)
      
      Re:
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 26 February 2009 (Case R 1079/2008-2), relating
                  to opposition proceedings between Telefónica, SA and BCP S/A.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Claro SA
            
         
               Community trade mark sought:
            
            
               Three-dimensional trade mark containing the word element Claro for goods and services in Classes 9 and 38 – Application No 5229241
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Telefónica, SA
            
         
               Mark or sign cited in opposition:
            
            
               Earlier Community word mark CLARO (No 2017341), for, inter alia, goods and services in Classes 9 and 38
            
         
               Decision of the Opposition Division:
            
            
               Opposition upheld
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed as inadmissible, since the applicant had not filed the relevant statement of grounds for the appeal
            
         
      Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Claro, SA to pay the costs.