CELEX: 62010TO0175
Language: en
Date: 2011-03-21 00:00:00
Title: Order of the General Court (Seventh Chamber) of 21 March 2011. # Milux Holding SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Representation of the applicant by a lawyer who is not a third party - Inadmissibility. # Case T-175/10.

Order of the General Court (Seventh Chamber) of 21 March 2011 – Milux v OHIM (FERTILITYINVIVO)
      (Case T-175/10)
      Community trade mark – Representation of the applicant by a lawyer who is not a third party – Inadmissibility
      Procedure – Application initiating proceedings – Formal requirements – Signature by a lawyer, who is a third party in relation to the applicant – Applicant company represented by a lawyer who is also its manager – Inadmissibility (Statute of the Court of Justice, Arts 19, first, third and fourth paras, and 21, first para.; Rules of Procedure
         of the General Court, Art. 43(1), first para.) (see paras 18-19, 23-24)
      
      Re:
      
         
               ACTION against the decision of the Fourth Board of Appeal of OHIM of 2 February 2010 (Case R 1116/2009-4), concerning the
                  application for registration of the word sign FERTILITYINVIVO as a Community trade mark.
               
            Information relating to the case 
      
               Applicant for the Community trade mark:
            
            
               Milux Holding SA
            
         
               Community trade mark sought: 
            
            
               Word mark FERTILITYINVIVO for goods in Classes 9, 10 and 44
            
         
               Decision of the examiner: 
            
            
               Application for a Community trade mark dismissed
            
         
               Decision of the Board of Appeal: 
            
            
               Appeal dismissed
            
         
      Operative part
      
         
                  1.
               
               
                  
               
               
                  	The action is dismissed as inadmissible.
               
            
         
                  2.
               
               
                  
               
               
                  	Milux Holding SA is ordered to pay the costs.