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Judgment of the General Court (Fifth Chamber) of 28 April 2010. # Claro, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the Community three-dimensional mark Claro - Earlier Community word mark CLARO - Inadmissibility of the appeal brought before the Board of Appeal - Articles 59 and 62 of Regulation (EC) No 40/94 (now Articles 60 and 64 of Regulation (EC) No 207/2009) - Rule 49(1) of Regulation (EC) No 2868/95. # Case T-225/09.

ECLI:EU:T:2010:169

62009TJ0225

April 28, 2010
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(Case T-225/09)

Community trade mark – Opposition proceedings – Application for the Community three-dimensional mark Claro – Earlier Community word mark CLARO – Inadmissibility of the appeal brought before the Board of Appeal – Articles 59 and 62 of Regulation (EC) No 40/94 (now Articles 60 and 64 of Regulation (EC) No 207/2009) – Rule 49(1) of Regulation (EC) No 2868/95

Community trade mark – Appeals procedure – Time-limit and form of appeal – Lodging of a document setting out the grounds within the time-limits – Condition of admissibility (Council Regulation No 40/94, Art. 59; Commission Regulation No 2868/95, Art. 1, Rule 49) (see paras 19-21)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 26 February 2009 (Case R 1079/2008-2), relating to opposition proceedings between Telefónica, SA and BCP S/A.

Information relating to the case

Applicant for the Community trade mark:

Claro SA

Community trade mark sought:

Three-dimensional trade mark containing the word element Claro for goods and services in Classes 9 and 38 – Application No 5229241

Proprietor of the mark or sign cited in the opposition proceedings:

Telefónica, SA

Mark or sign cited in opposition:

Earlier Community word mark CLARO (No 2017341), for, inter alia, goods and services in Classes 9 and 38

Decision of the Opposition Division:

Opposition upheld

Decision of the Board of Appeal:

Appeal dismissed as inadmissible, since the applicant had not filed the relevant statement of grounds for the appeal

Operative part

The Court:

1.Dismisses the action;

2.Orders Claro, SA to pay the costs.

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