Order of the General Court (Seventh Chamber) of 21 March 2011 – Milux v OHIM (FERTILITYINVIVO)

(Case T-175/10)

Community trade mark – Representation of the applicant by a lawyer who is not a third party – Inadmissibility

Procedure – Application initiating proceedings – Formal requirements – Signature by a lawyer, who is a third party in relation to the applicant – Applicant company represented by a lawyer who is also its manager – Inadmissibility (Statute of the Court of Justice, Arts 19, first, third and fourth paras, and 21, first para.; Rules of Procedure of the General Court, Art. 43(1), first para.) (see paras 18-19, 23-24)

Re:

ACTION against the decision of the Fourth Board of Appeal of OHIM of 2 February 2010 (Case R 1116/2009-4), concerning the application for registration of the word sign FERTILITYINVIVO as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark:	Milux Holding SA
Community trade mark sought:	Word mark FERTILITYINVIVO for goods in Classes 9, 10 and 44
Decision of the examiner:	Application for a Community trade mark dismissed
Decision of the Board of Appeal:	Appeal dismissed

Operative part

1. The action is dismissed as inadmissible.

2. Milux Holding SA is ordered to pay the costs.