(Case C‑90/08 P)

Appeal – Community trade mark – Application for registration of the Community figurative mark CORPO LIVRE – Opposition on the part of the proprietor of the earlier national and international word marks LIVRE – Proof of use of the earlier marks submitted out of time – Rejection of the opposition

1. Community trade mark – Procedural provisions – Time-limits (Commission Regulation No 2868/95, Art. 71(1)) (see paras 21-24)

Re:

Appeal against the judgment of the Court of First Instance (Second Chamber) in Case T-86/05 K & L Ruppert Stiftung v OHIM – Lopes de Almeida Cunha and Others by which that Court dismissed an action for annulment by the proprietor of the national and international word marks ‘LIVRE’ for goods in Class 25 against the decision of the First Board of Appeal of OHIM of 7 December 2004 rejecting the appeal against the decision of the Opposition Division refusing the opposition filed against the registration of the figurative Community trade mark ‘CORPO LIVRE’ for goods in Classes 18 and 25 – Opposition proceedings – Rejection of the opposition on the ground of late submission of proof of use of earlier marks.

Operative part

The Court:

1.Dismisses the appeal;

2.Orders K & L Ruppert Stiftung & Co. Handels-KG to pay the costs.