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Case T-225/09: Judgment of the General Court of 28 April 2010 — Claro v OHIM — Telefónica (Claro) (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)
ECLI:EU:UNKNOWN:62009TA0225
62009TA0225
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Official Journal of the European Union
C 148/30
(Case T-225/09)(1)
(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)
2010/C 148/53
Language of the case: Spanish
Parties
Applicant: Claro, SA (São Paulo, Brazil) (represented by: E. Armijo Chávarri and A. Castán Pérez-Gómez, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: J.F. Crespo Carrillo, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Telefónica SA (Madrid, Spain)
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
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Claro, SA to pay the costs.
OJ C 180, 1.8.2009.