Action brought on 17 June 2011 - Fercal - Consultadoria e Serviços v OHIM - Parfums Rochas (PATRIZIA ROCHA)

(Case T-360/11)

Language in which the application was lodged: Portuguese

Parties

Applicant: Fercal - Consultadoria e Serviços Lda (Lisbon, Portugal) (represented by: António J. Rodrigues, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Parfums Rochas SAS

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Second Board of Appeal of OHIM notified on 21 April 2011 (Case R-2355/2010-2) in the cancellation proceedings Patrizia Rocha/Rochas and, therefore, adjudicate upon the appeal against the decision of 27 September 2010 in the opposition B-001559361.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: PATRIZIA ROCHA

Proprietor of the mark or sign cited in the opposition proceedings: Parfums Rochas SAS

Mark or sign cited in opposition: 'ROCHAS'

Decision of the Opposition Division: Opposition upheld.

Decision of the Board of Appeal: Appeal dismissed as inadmissible.

Pleas in law: The time-limit for filing an appeal expired on 28 January 2011.

The applicant sent a notice of appeal by post on 27 January 2011, the day before the last day of the time-limit.

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