Order of the General Court (Fifth Chamber) of 24 October 2013 —
Stromberg Menswear v OHIM — Leketoy Stormberg Inter (STORMBERG)
(Case T‑457/12)
Community trade mark — Community word mark STORMBERG — Appeal against the request for conversion of a Community trade mark into national trade mark applications — Inadmissibility of the appeal before the Board of Appeal — Action manifestly lacking any foundation in law
1. Community trade mark — Procedural provisions — Statement of reasons for decisions — Article 75, first sentence, of Regulation No 207/2009 — Scope identical to that of Article 296 TFEU (Art. 296 TFEU; Council Regulation No 207/2009, Art. 75, first sentence) (see paras 28, 29)
2. Community trade mark — Appeals procedure — Appeal to a Board of Appeal — Persons entitled to appeal and to be parties to the proceedings — Procedure for conversion into national trade mark application (Council Regulation No 207/2009, Arts 58, 59 and 112) (see paras 36, 39, 42)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 3 August 2012 (Case R 428/2012‑4), relating to the request for conversion of a Community trade mark into national trade mark applications submitted by Leketoy Stormberg Inter AS. |
Operative part
1. | | The action is dismissed. |
2. | | Stromberg Menswear Ltd is ordered to pay the costs. |