CELEX: 62007TO0380
Language: en
Date: 2008-10-06 00:00:00
Title: Order of the Court of First Instance (Third Chamber) of 6 October 2008. # Dimitrios Kaloudis v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community figurative mark RolandGarros SPORTSWEAR - Previous national word mark Roland Garros - Late payment of the appeal fees - Decision of the Board of Appeal deeming the action to be unfounded. # Case T-380/07.

Order of the Court of First Instance (Third Chamber) of 6 October 2008 – Kaloudis v OHIM – FFT (RolandGarros SPORTSWEAR)
      (Case T-380/07)
      Community trade mark – Opposition proceedings – Application for Community figurative mark RolandGarros SPORTSWEAR – Previous national word mark Roland Garros – Late payment of the appeal fees – Decision of the Board of Appeal deeming the action to be unfounded
      Community trade mark – Procedural provisions – Notification – Defects in service (Commission Regulation No 2868/95, Art. 1, Rule 68) (see paras 30-33)
      Re: 
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 19 July 2007 (Case R 876/2006-4) concerning opposition
                  proceedings between the Fédération française de tennis (FFT) and Mr Dimitrios Kaloudis.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Dimitrios Kaloudis
            
         
               Community trade mark sought:
            
            
               Figurative mark RolandGarros SPORTSWEAR for goods in Class 25 – Application No 3114477
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Fédération française de tennis (FFT)
            
         
               Mark or sign cited in opposition:
            
            
               National word mark Roland Garros for goods in Classes 3, 16, 18, 22, 25, 28, 32, 41 and 42
            
         
               Decision of the Opposition Division:
            
            
               Opposition upheld
            
         
               Decision of the Board of Appeal:
            
            
               Appeal deemed non-existent for delay in paying the appeal fee
            
         
      Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action as being in part manifestly lacking any foundation in law and in part manifestly inadmissible.
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Mr Dimitrios Kaloudis to pay the costs.