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Case C-565/07 P: Order of the Court of 19 May 2009 — AMS Advanced Medical Services GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs), American Medical Systems, Inc. (Appeal — Community trade mark — Figurative trade mark AMS Advanced Medical Services — Partial refusal of registration — Opposition proceedings — Appeal which has become devoid of purpose — No need to adjudicate)
ECLI:EU:UNKNOWN:62007CB0565
62007CB0565
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12.9.2009
EN
Official Journal of the European Union
C 220/15
(Case C-565/07 P)
(Appeal - Community trade mark - Figurative trade mark AMS Advanced Medical Services - Partial refusal of registration - Opposition proceedings - Appeal which has become devoid of purpose - No need to adjudicate)
2009/C 220/26
Language of the case: German
Parties
Applicant: AMS Advanced Medical Services GmbH (represented by: S. Schäffler, Rechtsanwältin)
Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent), American Medical Systems, Inc. (represented by: H. Kunz-Hallstein and R. Kunz-Hallstein, Rechtsanwälte)
Re:
Appeal brought against the judgment of the Court of First Instance (Fifth Chamber) of 18 October 2007 in Case T-425/03 AMS v OHIM — American Medical Systems (AMS Advanced Medical Services), by which the Court of First Instance dismissed an action for annulment brought by the applicant for the figurative mark ‘AMS Advanced Medical Services’ for goods and services in Classes 5, 10 and 42 against the decision of the Fourth Board of Appeal of OHIM of 12 September 2003 annulling the decision of the Opposition Division and granting in part the opposition by the proprietor of the national word mark ‘AMS’ — Opposition proceedings — Admissibility of a request to prove the genuine use of the earlier mark made by the applicant for the first time before the Board of Appeal
Operative part of the order
The Court:
1.Declares that there is no need to adjudicate on the appeal brought by AMS Advanced Medical Services GmbH;
2.Orders AMS Advanced Medical Services GmbH to pay the costs of the present proceedings.
* * *
(<span class="super">1</span>) OJ C 64, 08.03.2008.