Judgment of the General Court of 21 January 2014 – Wilmar Trading v OHIM – Agroekola (ULTRA CHOCO)
(Case T-232/12) 1
(Community trade mark – Opposition proceedings – Application for Community word mark ULTRA CHOCO – Earlier national word mark ultra choco – Unregistered earlier mark ULTRA CHOCO used in the course of trade in the European Union and in Bulgaria – Article 60 of Regulation (EC) No 207/2009 – Failure to comply with the obligation to pay appeal fee within the time-limit – Decision of the Board of Appeal declaring the appeal deemed not to have been filed)
Language of the case: English
Parties
Applicant: Wilmar Trading Pte Ltd (Singapore, Singapore) (represented by: E. Miller, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: C. Negro and D. Botis, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM: Agroekola EOOD (Sofia, Bulgaria)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 27 March 2012 (Case R 87/2012-1), relating to opposition proceedings between Wilmar Trading Pte Ltd and Agroekola EOOD.
Operative part of the judgment
The Court:
Dismisses the action.
Orders Wilmar Trading Pte Ltd to pay the costs.
____________1 OJ C 243, 11.8.2012.