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Case C-53/11 P: Judgment of the Court (Second Chamber) of 19 January 2012 — Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) v Nike International Ltd, Aurelio Muñoz Molina (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 58 — Regulation (EC) No 2868/95 — Rules 49 and 50 — Word mark R10 — Opposition — Assignment — Admissibility of an appeal — Concept of ‘person entitled to appeal’ — Applicability of the OHIM Guidelines)
ECLI:EU:UNKNOWN:62011CA0053
62011CA0053
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Official Journal of the European Union
C 73/5
(Case C-53/11 P) (<span class="super">1</span>)
(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 58 - Regulation (EC) No 2868/95 - Rules 49 and 50 - Word mark R10 - Opposition - Assignment - Admissibility of an appeal - Concept of ‘person entitled to appeal’ - Applicability of the OHIM Guidelines)
2012/C 73/08
Language of the case: Spanish
Parties
Appellant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, Agent)
Other parties to the proceedings: Nike International Ltd (represented by: M. de Justo Bailey, abogado), Aurelio Muñoz Molina
Re:
Appeal against the judgment of the General Court (Fourth Chamber) of 24 November 2010 in Case T-137/09 Nike International Ltd v OHIM — Aurelio Muñoz Molina, whereby the General Court annulled the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 21 January 2009 (Case R 551/2008-1).
Operative part of the judgment
The Court:
1.Sets aside the judgment of the General Court of the European Union of 24 November 2010 in Case T-137/09 Nike International v OHIM — Muñoz Molina (R10) in so far as in that judgment, the General Court, in breach of Article 58 of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark, as amended by Council Regulation (EC) No 1891/2006 of 18 December 2006, and Rule 49 of Commission Regulation (EC) No 2868/95 of 13 December 1995 implementing Regulation No 40/94, as amended by Commission Regulation (EC) No 1041/2005 of 29 June 2005, held that the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), in its decision of 21 January 2009 (Case R 551/2008-1), infringed Rules 31(6) and 50(1) of Regulation No 2868/95, as amended by Regulation No 1041/2005, by declaring the appeal brought by Nike International Ltd to be inadmissible;
2.Refers the case back to the General Court of the European Union;
3.Reserves the costs.
(<span class="super">1</span>) OJ C 152, 21.5.2011.