Judgment of the General Court (Fifth Chamber) of 17 March 2011 – Jiménez Sarmiento v OHIM – Oxygène sport international (Q)
(Case T-455/09)
Community trade mark – Opposition proceedings – Calculation of the time-limit for submitting a pleading setting out the grounds of the action before the Board of Appeal – Rule 70 of Regulation (EC) No 2868/95 – Previous practice of OHIM – Concept of excusable error
Community trade mark – Procedural provisions – Time-limits – Calculation of time-limits (Commission Regulation No 2868/95, Art. 1, Rule 70(2) and (4)) (see paras 29-31)
Re:
| ACTION for annulment brought against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 4 September 2009 (Case R 312/2009-4) rejecting the appeal of Mr Vicente J. Jiménez Sarmiento as inadmissible in the opposition proceedings between the latter and Messrs Michel Robin, D. Falzone and M. Monseur. |
Information relating to the case
Applicants for the Community trade mark: | Messrs Michel Robin, Daniel Falzone et Maxime Monseur |
Community trade mark sought: | Figurative mark consisting of the letter Q angled and with the lower part in bold for goods in Classes 18, 25 and 28 – Registration No 4804266 |
Proprietor of the mark or sign cited in the opposition proceedings: | Vicente J. Jiménez Sarmiento |
Mark or sign cited in opposition: | Spanish figurative mark containing the word element quadrata (No 1770312) for goods in Class 25 |
Decision of the Opposition Division: | Opposition dismissed as inadmissible |
Decision of the Board of Appeal: | Appeal dismissed as inadmissible |
Operative part
The Court:
2. | | Orders Vicente J. Jiménez Sarmiento to bear his own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM); |
3. | | Orders Oxygène sport international to bear its own costs. |