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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