Order of the General Court (Seventh Chamber) of 9 November 2011 – Glaxo Group v OHIM – Farmodiética (ADVANCE)

(Case T-243/11)

Community trade mark – Applicant represented by a lawyer who is a not a third party – Inadmissibility

Procedure – Application initiating proceedings – Formal requirements – Conditions relating to a signatory – Third party capacity in relation to the parties – Application signed by an internal lawyer of a group company – Inadmissibility (Statute of the Court of Justice, Arts 19 and 21, first para.; Rules of Procedure of the General Court, Art. 43(1), first para.) (see paras 13, 15, 18-19)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 25 February 2011 (Case R 665/2010-4), concerning opposition proceedings between Farmodiética – Cosmética, Dietética e Produtos Farmacêuticos, L da and Glaxo Group Ltd.

Operative part

1. The action is dismissed as inadmissible.

2. Glaxo Group Ltd is ordered pay the costs.