CELEX: 62009TJ0488
Language: en
Date: 2011-05-12 00:00:00
Title: Judgment of the General Court (Seventh Chamber) of 12 May 2011. # Jager & Polacek GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark REDTUBE - Earlier unregistered national mark Redtube - Failure to pay the opposition fee within the prescribed period - Decision deeming the opposition non-existent - Article 8(3) of Regulation (EC) No 2869/95 - Protection of legitimate expectations - Rule 17 of Regulation (EC) No 2868/95 - Ex parte proceedings - Article 8(2) of Regulation (EC) No 216/96 - Rule 18 of Regulation No 2868/95 - Legal nature of a communication from OHIM informing a party that an opposition has been found to be admissible - Rule of parallelism of procedural requirements and of the actus contrarius - Article 80 of Regulation (EC) No 207/2009. # Case T-488/09.

Judgment of the General Court (Seventh Chamber) of 12 May 2011 – Jager & Polacek v OHIM (REDTUBE)
      (Case T-488/09)
      Community trade mark – Opposition proceedings – Application for Community word mark REDTUBE – Earlier unregistered national mark Redtube – Failure to pay the opposition fee within the prescribed period – Decision deeming the opposition non-existent – Article 8(3) of Regulation (EC) No 2869/95 – Protection of legitimate expectations – Rule 17 of Regulation (EC) No 2868/95 – Ex parte proceedings – Article 8(2) of Regulation (EC) No 216/96 – Rule 18 of Regulation No 2868/95 – Legal nature of a communication from OHIM informing a party that an opposition has been found to be admissible – Rule of parallelism of procedural requirements and of the actus contrarius – Article 80 of Regulation (EC) No 207/2009
      Community trade mark – Registration procedure – Observation of third parties and opposition – Failure to pay opposition fee (Commission Regulation No 2869/95, Arts 8(3) and 8(4)) (see paras 38-41, 44-49)
      Re:
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 29 September 2009 (Case R 442/2009-4), concerning
                  opposition proceedings between Jager & Polacek GmbH and RT Mediasolutions s.r.o.
               
            Information relating to the case 
      
               Applicant for the Community trade mark: 
            
            
               RT Mediasolutions s.r.o.
            
         
               Community trade mark sought: 
            
            
               Word mark REDTUBE for goods and services in Classes 9, 38 and 41 – Application No 6096309
            
         
               Proprietor of the mark or sign cited in the opposition proceedings: 
            
            
               Jager & Polacek GmbH
            
         
               Mark or sign cited in opposition:
            
            
               Non-registered trade mark Redtube
            
         
               Decision of the Opposition Division: 
            
            
               The notice of opposition is deemed not to have been entered
            
         
               Decision of the Board of Appeal: 
            
            
               Appeal dismissed 
            
         
      Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Jager & Polacek GmbH to pay the costs.