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Case C-349/10 P: Order of the Court (Sixth Chamber) of 2 March 2011 — Claro SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Telefónica SA (Appeal — Community trade mark — Refusal of registration — Admissibility of the appeal before the Board of Appeal — Failure to file a statement setting out the grounds of appeal — Article 59 of Regulation (EC) No 40/94 — Rule 49(1) of Regulation (EC) No 2868/95 — Appeal manifestly unfounded)
ECLI:EU:UNKNOWN:62010CB0349
62010CB0349
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27.8.2011
Official Journal of the European Union
C 252/9
(Case C-349/10 P) (<span class="super">1</span>)
(Appeal - Community trade mark - Refusal of registration - Admissibility of the appeal before the Board of Appeal - Failure to file a statement setting out the grounds of appeal - Article 59 of Regulation (EC) No 40/94 - Rule 49(1) of Regulation (EC) No 2868/95 - Appeal manifestly unfounded)
2011/C 252/16
Language of the case: Spanish
Parties
Appellant: Claro SA (represented by: E. Armijo Chávarri, abogado)
Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, acting as Agent), Telefónica SA
Re:
Appeal brought against the judgment of the General Court (Fifth Chamber) of 28 April 2010 in Case T-225/09 Claro v OHIM and Telefónica, by which the General Court dismissed the action brought against the decision of the Second Board of Appeal of OHIM of 26 February 2009 (Case R 1079/2008-2) concerning opposition proceedings between Telefónica, SA and BCP S/A
Operative part of the order
1.The appeal is dismissed.
2.Claro SA shall pay the costs.
(<span class="super">1</span>) OJ C 234, 28.8.2010.
* Language of the case: Spanish.