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. |