CELEX: 62011TN0360
Language: en
Date: 2011-06-17 00:00:00
Title: Case T-360/11: Action brought on 17 June 2011 — Fercal — Consultadoria e Serviços v OHIM — Parfums Rochas (PATRIZIA ROCHA)

8.10.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 298/19
            
         Action brought on 17 June 2011 — Fercal — Consultadoria e Serviços v OHIM — Parfums Rochas (PATRIZIA ROCHA)
   (Case T-360/11)
   2011/C 298/34
   Language in which the application was lodged: Portuguese
   
      Parties
   
   
      Applicant: Fercal — Consultadoria e Serviços Lda (Lisbon, Portugal) (represented by: António J. Rodrigues, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Parfums Rochas SAS
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the Second Board of Appeal of OHIM notified on 21 April 2011 (Case R 2355/2010-2) in the cancellation proceedings Patrizia Rocha/Rochas and, therefore, adjudicate upon the appeal against the decision of 27 September 2010 in the opposition B-001559361.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned: PATRIZIA ROCHA
   
      Proprietor of the mark or sign cited in the opposition proceedings: Parfums Rochas SAS
   
      Mark or sign cited in opposition:‘ROCHAS’
   
      Decision of the Opposition Division: Opposition upheld.
   
      Decision of the Board of Appeal: Appeal dismissed as inadmissible.
   
      Pleas in law: The time-limit for filing an appeal expired on 28 January 2011.
   The applicant sent a notice of appeal by post on 27 January 2011, the day before the last day of the time-limit.