Order of the General Court of 21 March 2011 - Milux v OHIM (REFLUXCONTROL and Others)

(Joined Cases T-139/10, T-280/10 to T-285/10 and T-349/10 to T-352/10) ¹

(Community trade mark - Representation of the applicant by a lawyer who is not a third party - Inadmissibility)

Language of the case: English

Parties

Applicant: Milux Holding SA (Luxembourg, Luxembourg) (represented by: J. Bojs, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, acting as Agent)

Re:

Actions against the decisions of the Fourth Board of Appeal of OHIM of 13 January 2010 (Case R 1134/2009-4), concerning the application for registration of the word sign REFLUXCONTROL as a Community trade mark (Case T-139/10); of 29 April 2010 (Case R 1432/2009-4), concerning the application for registration of the word sign ANEURYSMCONTROL as a Community trade mark (Case T-280/10); of 29 April 2010 (Case R 1433/2009-4), concerning the application for registration of the word sign APPETITECONTROL as a Community trade mark (Case T-281/10); of 8 June 2010 (Case R 1434/2009-4), concerning the application for registration of the word sign STOMACONTROL as a Community trade mark (Case T-282/10); of 17 June 2010 (Case R 1435/2009-4), concerning the application for registration of the word sign BMICONTROL as a Community trade mark (Case T-283/10); of 3 June 2010 (Case R 1438/2009-4), concerning the application for registration of the word sign IMPLANTCONTROL as a Community trade mark (Case T-284/10); of 29 April 2010 (Case R 1444/2009-4), concerning the application for registration of the word sign CHEMOCONTROL as a Community trade mark (Case T-285/10); of 29 June 2010 (Case R 1436/2009-4), concerning the application for registration of the word sign OVUMCONTROL as a Community trade mark (Case T-349/10); of 2 July 2010 (Case R 1437/2009-4), concerning the application for registration of the word sign HEARTCONTROL as a Community trade mark (Case T-350/10); of 28 July 2010 (Case R 1439/2009-4), concerning the application for registration of the word sign VESICACONTROL as a Community trade mark (Case T-351/10); and of 28 July 2010 (Case R 1443/2009-4), concerning the application for registration of the word sign RECTALCONTROL as a Community trade mark (Case T-352/10)

Operative part of the order

Cases T-139/10, T-280/10 to T-285/10 and T-349/10 to T-352/10 are joined for the purposes of the present order.

The actions are dismissed as inadmissible.

Milux Holding SA is ordered to pay the costs.

____________

¹ - OJ C 148, 5.6.2010.