CELEX: 62005TJ0239
Language: en
Date: 2007-05-15 00:00:00
Title: Judgment of the Court of First Instance (Second Chamber) of 15 May 2007. # The Black & Decker Corporation v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Opposition period - Transmission by telecopier - Admissibility - Clear indentification of the earlier trade mark - Rule 18(1) of Regulation (EC) No 2868/95. # Joined cases T-239/05, T-240/05, T-245/05 to T-247/05, T-255/05, T-274/05 to T-280/05.

Judgment of the Court of First Instance (Second Chamber) of 15 May 2007 – Black & Decker v OHIM – Atlas Copco (Three-dimensional
            representations of yellow and black electric power tools)
      (Joined Cases T-239/05, T-240/05, T-245/05 to T-247/05, T-255/05, T-274/05 to T-280/05)
      Community trade mark – Opposition proceedings – Opposition period – Fax transmission – Admissibility – Clear identification of the earlier trade mark – Rule 18(1) of Regulation (EC) No 2868/95
      1.                     Community trade mark – Proceedings before the OHIM authorities – Transmission of communications to the Office (Commission
            Regulation No 2868/95, Art. 1, rule 80(2)) (see paras 59-64)
      2.                     Community trade mark – Observations of third parties and opposition – Examination of the opposition – Obligation of the opponent
            to clearly identify the earlier mark (Council Regulation No 40/94, Art. 42(1); Commission Regulation No 2868/95, Art. 1, rule
            18(1)) (see para., 102)
      Re: 
      
         THIRTEEN ACTIONS brought against the decisions of the First Board of Appeal of OHIM of 19 April 2005 (R 727/2004-1, R 729/2004-1,
                  R 723/2004-1, R 730/2004-1 and R 724/2004-1), of 27 April 2005 (R 722/2004-1) and of 3 May 2005 (R 788/2004-1, R 789/2004-1,
                  R 790/2004-1, R 791/2004-1, R 792/2004-1, R 793/2004-1 and R 794/2004-1), relating to opposition proceedings between Atlas
                  Copco AB and The Black & Decker Corporation.
               
            Information relating to the cases
      
               Applicant for the Community trade mark:
            
            
               The Black & Decker Corporation
            
         
               Community trade mark sought:
            
            
               Figurative marks coloured yellow and black representing electric tools; three-dimensional representations of two electric
                  tools in yellow and black and one representation of the juxtaposition of the two colours yellow and black, for products in
                  Class 7
               
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Atlas Copco AB
            
         
               Mark or sign cited in opposition :
            
            
               Unregistered marks and signs, commercially used in all Member States to designate electric tools
            
         
               Decision of the Opposition Division:
            
            
               Oppositions dismissed as inadmissible
            
         
               Decision of the Board of Appeal:
            
            
               Annulment of the contested decisions and matters referred back to the Opposition Division for further consideration
            
         
      Operative part
      The Court:
      
         
                   
               
               
                  
               
               
                  Dismisses the actions;
               
            
         
                   
               
               
                  
               
               
                  Orders the applicant to pay the costs.