CELEX: 62010CO0349
Language: en
Date: 2011-03-02 00:00:00
Title: Order of the Court (Sixth Chamber) of 2 March 2011.#Claro SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).#Appeal - Community trade mark - Refusal of registration - Admissibility of the appeal before the Board of Appeal - Failure to file a statement setting out the grounds of appeal - Article 59 of Regulation (EC) No 40/94 - Rule 49(1) of Regulation (EC) No 2868/95 - Appeal manifestly unfounded.#Case C-349/10 P.

Order of the Court (Sixth Chamber) of 2 March 2011 – Claro v OHIM
      (Case C-349/10 P)
      Appeal – Community trade mark – Refusal of registration – Admissibility of the appeal before the Board of Appeal – Failure to file a statement setting out the grounds of appeal – Article 59 of Regulation (EC) No 40/94 – Rule 49(1) of Regulation (EC) No 2868/95 – Appeal manifestly unfounded
      Community trade mark – Appeals procedure – Form of appeal and period within which it must be brought – Pleading setting out the grounds lodged within the period prescribed – Condition of admissibility (Council Regulation No 40/94, Art. 59; Commission Regulation No 2868/95, Article 1, Rule 49) (see
         paragraphs 39-41)
      
      Re: 
      
         Appeal brought against the judgment of the General Court (Fifth Chamber) of 28 April 2010 in Case T‑225/09 
               Claro
                v 
               OHIM and Telefónica
               , by which that court dismissed the action brought against the decision of the Second Board of Appeal of OHIM of 26 February
                  2009 (Case R 1079/2008‑2) concerning opposition proceedings between Telefónica, SA and BCP S/A
               
            Operative part 
      
         
                  1.
               
               
                  
               
               
                  	The appeal is dismissed. 
               
            
         
                  2.
               
               
                  
               
               
                  	Claro SA shall pay the costs.