CELEX: 62010CB0349
Language: en
Date: 2011-03-02 00:00:00
Title: Case C-349/10 P: Order of the Court (Sixth Chamber) of 2 March 2011 — Claro SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Telefónica SA (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)

27.8.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 252/9
            
         Order of the Court (Sixth Chamber) of 2 March 2011 — Claro SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Telefónica SA
   (Case C-349/10 P) (1)
   
   (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)
   2011/C 252/16
   Language of the case: Spanish
   
      Parties
   
   
      Appellant: Claro SA (represented by: E. Armijo Chávarri, abogado)
   
      Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, acting as Agent), Telefónica SA
   
      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 the General 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 of the order
   
   
               1.
            
            
               The appeal is dismissed.
            
         
               2.
            
            
               Claro SA shall pay the costs.
            
         
      (1)  OJ C 234, 28.8.2010.