Judgment of the General Court of 12 May 2011 - Jager & Polacek v OHIM (REDTUBE)
(Community trade mark - Opposition proceedings - Application for the Community word mark REDTUBE - Earlier unregistered national mark Redtube - Failure to pay the opposition fee within the prescribed period - Decision deeming the opposition non-existent - Article 8(3) of Regulation (EC) No 2869/95 - Protection of legitimate expectations - Rule 17 of Regulation (EC) No 2868/95 - Ex parte proceedings - Article 8(2) of Regulation (EC) No 216/96 - Rule 18 of Regulation No 2868/95 - Legal nature of a communication from OHIM informing a party that an opposition has been found to be admissible - Rule of parallelism of procedural requirements and of the actus contrarius - Article 80 of Regulation (EC) No 207/2009)
Language of the case: German
Parties
Applicant: Jager & Polacek GmbH (Vienna, Austria) (represented by: A. Renck, V. von Bomhard and T. Dolde, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 29 September 2009 (Case R 442/2009-4), concerning opposition proceedings between Jager & Polacek GmbH and RT Mediasolutions s.r.o.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Jager & Polacek GmbH to pay the costs.
____________1 - OJ C 37, 13.2.2010.