Judgment of the General Court (Fifth Chamber) of 28 April 2010 – Claro v OHIM – Telefónica (Claro)
(Case T-225/09)
Community trade mark – Opposition proceedings – Application for the Community three-dimensional mark Claro – Earlier Community word mark CLARO – Inadmissibility of the appeal brought before the Board of Appeal – Articles 59 and 62 of Regulation (EC) No 40/94 (now Articles 60 and 64 of Regulation (EC) No 207/2009) – Rule 49(1) of Regulation (EC) No 2868/95
Community trade mark – Appeals procedure – Time-limit and form of appeal – Lodging of a document setting out the grounds within the time-limits – Condition of admissibility (Council Regulation No 40/94, Art. 59; Commission Regulation No 2868/95, Art. 1, Rule 49) (see paras 19-21)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 26 February 2009 (Case R 1079/2008-2), relating to opposition proceedings between Telefónica, SA and BCP S/A. |
Information relating to the case
Applicant for the Community trade mark: | Claro SA |
Community trade mark sought: | Three-dimensional trade mark containing the word element Claro for goods and services in Classes 9 and 38 – Application No 5229241 |
Proprietor of the mark or sign cited in the opposition proceedings: | Telefónica, SA |
Mark or sign cited in opposition: | Earlier Community word mark CLARO (No 2017341), for, inter alia, goods and services in Classes 9 and 38 |
Decision of the Opposition Division: | Opposition upheld |
Decision of the Board of Appeal: | Appeal dismissed as inadmissible, since the applicant had not filed the relevant statement of grounds for the appeal |
Operative part
The Court:
2. | | Orders Claro, SA to pay the costs. |