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Case T-232/12: Judgment of the General Court of 21 January 2014 — Wilmar Trading v OHIM — Agroekola (ULTRA CHOCO) (Community trade mark — Opposition proceedings — Application for Community word mark ULTRA CHOCO — Earlier national word mark ultra choco — Unregistered earlier mark ULTRA CHOCO used in the course of trade in the European Union and in Bulgaria — Article 60 of Regulation (EC) No 207/2009 — Failure to comply with the obligation to pay appeal fee within the time-limit — Decision of the Board of Appeal declaring the appeal deemed not to have been filed)
ECLI:EU:UNKNOWN:62012TA0232
62012TA0232
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Official Journal of the European Union
C 61/9
(Case T-232/12) (<span class="super">1</span>)
(Community trade mark - Opposition proceedings - Application for Community word mark ULTRA CHOCO - Earlier national word mark ultra choco - Unregistered earlier mark ULTRA CHOCO used in the course of trade in the European Union and in Bulgaria - Article 60 of Regulation (EC) No 207/2009 - Failure to comply with the obligation to pay appeal fee within the time-limit - Decision of the Board of Appeal declaring the appeal deemed not to have been filed)
2014/C 61/14
Language of the case: English
Parties
Applicant: Wilmar Trading Pte Ltd (Singapore, Singapore) (represented by: E. Miller, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: C. Negro and D. Botis, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM: Agroekola EOOD (Sofia, Bulgaria)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 27 March 2012 (Case R 87/2012-1), relating to opposition proceedings between Wilmar Trading Pte Ltd and Agroekola EOOD.
Operative part of the judgment
The Court:
1.Dismisses the action.
2.Orders Wilmar Trading Pte Ltd to pay the costs.
(<span class="super">1</span>) OJ C 243, 11.8.2012.