Order of the President of the Court of First Instance of 18 February 2008 – Jurado Hermanos v OHIM (JURADO)
(Case T-410/07 R)
Applications for interim measures – Community trade mark – Removal of the trade mark from the register – Application for ‘restitutio in integrum’ – Application for suspension of the removal of the trade mark – Inadmissibility
1. Applications for interim measures – Suspension of operation of a measure – Negative administrative decision (Art. 242 EC) (see para. 31)
2. Applications for interim measures – Suspension of operation of a measure – Conditions of admissibility (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(1), first para., and (2)) (see para. 35)
3. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage (Arts 242 EC and 243 EC) (see paras 49, 52-53)
4. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage for the applicant (Arts 242 EC and 243 EC) (see para. 50)
Re:
| APPLICATION for suspension of the removal from the register of Community word mark No 240218 and of the legal effects of the decision of the Second Board of Appeal of OHIM of 3 September 2007 (R 866/2007-2) concerning the application for ‘ | restitutio in integrum | ’ brought by Jurado Hermanos, until the Court of First Instance has ruled on the action in the main proceedings. |
Operative part
The Court:
1. | | Dismisses the application for interim measures; |