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Order of the President of the Court of 12 May 2010.#Giampietro Torresan v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).#Application for interim measures - Appeal - Application for stay of execution of the judgment under appeal - Community trade mark - Invalidity proceedings - Community word mark CANNABIS - Absolute ground for refusal - Descriptive character - Urgency.#Case C-5/10 P-R.
ECLI:EU:C:2010:269
62010CO0005
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(Case C‑5/10 P-R)
Application for interim measures – Appeal – Application for stay of execution of the judgment under appeal – Community trade mark – Invalidity proceedings – Community word mark CANNABIS – Absolute ground for refusal – Descriptive character – Urgency
Applications for interim measures – Stay of execution of a judgment – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof (Art. 278 TFEU) (see paras 14-17, 20-21)
Re:
Appeal against the judgment of 19 November 2009 in Case T-234/06 Torresan v OHIM, by which the Court of First Instance (Second Chamber) dismissed an action contesting the decision of the Second Board of Appeal of OHIM of 29 June 2006 (Case R 517/2005-2) relating to invalidity proceedings between Klosterbrauerei Weissenohe GmbH & Co. KG and Giampietro Torresan.
Operative part:
The Court:
1.Dismisses the application for interim measures;
2.Reserves the costs.