(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

Community trade mark – Appeals procedure – No need to adjudicate (Council Regulation No 40/94, Art. 63) (see paras 13-16)

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 that Court 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 allowing 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:

1.There is no need to adjudicate on the appeal brought by AMS Advanced Medical Services GmbH.

2.AMS Advanced Medical Services GmbH is ordered to pay the costs of the present proceedings.