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Judgment of the Court of First Instance (Second Chamber) of 15 May 2007. # The Black & Decker Corporation v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Opposition period - Transmission by telecopier - Admissibility - Clear indentification of the earlier trade mark - Rule 18(1) of Regulation (EC) No 2868/95. # Joined cases T-239/05, T-240/05, T-245/05 to T-247/05, T-255/05, T-274/05 to T-280/05.
ECLI:EU:T:2007:138
62005TJ0239
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(Joined Cases T-239/05, T-240/05, T-245/05 to T-247/05, T-255/05, T-274/05 to T-280/05)
Community trade mark – Opposition proceedings – Opposition period – Fax transmission – Admissibility – Clear identification of the earlier trade mark – Rule 18(1) of Regulation (EC) No 2868/95
Re:
THIRTEEN ACTIONS brought against the decisions of the First Board of Appeal of OHIM of 19 April 2005 (R 727/2004-1, R 729/2004-1, R 723/2004-1, R 730/2004-1 and R 724/2004-1), of 27 April 2005 (R 722/2004-1) and of 3 May 2005 (R 788/2004-1, R 789/2004-1, R 790/2004-1, R 791/2004-1, R 792/2004-1, R 793/2004-1 and R 794/2004-1), relating to opposition proceedings between Atlas Copco AB and The Black & Decker Corporation.
Information relating to the cases
Applicant for the Community trade mark:
Community trade mark sought:
Figurative marks coloured yellow and black representing electric tools; three-dimensional representations of two electric tools in yellow and black and one representation of the juxtaposition of the two colours yellow and black, for products in Class 7
Proprietor of the mark or sign cited in the opposition proceedings:
Atlas Copco AB
Mark or sign cited in opposition :
Unregistered marks and signs, commercially used in all Member States to designate electric tools
Decision of the Opposition Division:
Oppositions dismissed as inadmissible
Decision of the Board of Appeal:
Annulment of the contested decisions and matters referred back to the Opposition Division for further consideration
Operative part
The Court:
Dismisses the actions;
Orders the applicant to pay the costs.