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Case C-406/11 P: Order of the Court (Sixth Chamber) of 9 March 2012 — Atlas Transport GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Atlas Air Inc. (Appeal — Article 119 of the Rules of Procedure — Community trade mark — Invalidity proceedings — Admissibility before the Board of Appeal — Failure to file a statement setting out the grounds of appeal — Regulation (EC) No 40/94 — Article 59 — Regulation (EC) No 2868/95 — Rule 49(1) — Stay of proceedings — Regulation (EC) No 2868/95 — Rule 20(7)(c) — Appeal manifestly inadmissible and manifestly unfounded)
ECLI:EU:UNKNOWN:62011CB0406
62011CB0406
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Official Journal of the European Union
C 235/5
(Case C-406/11 P) (<span class="super">1</span>)
(Appeal - Article 119 of the Rules of Procedure - Community trade mark - Invalidity proceedings - Admissibility before the Board of Appeal - Failure to file a statement setting out the grounds of appeal - Regulation (EC) No 40/94 - Article 59 - Regulation (EC) No 2868/95 - Rule 49(1) - Stay of proceedings - Regulation (EC) No 2868/95 - Rule 20(7)(c) - Appeal manifestly inadmissible and manifestly unfounded)
2012/C 235/08
Language of the case: German
Parties
Appellant: Atlas Transport GmbH (represented by: K. Schmidt-Hern and U. Hildebrandt, Rechtsanwälte)
Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent), Atlas Air Inc. (represented by: R. Dissman, Agent)
Re:
Appeal brought against the judgment of the General Court (Third Chamber) in Case T-145/08 Atlas Transport GmbH v OHIM, by which the General Court dismissed the action brought against the decision of the First Board of Appeal of OHIM of 24 January 2008 (Case R 1023/2007-1) relating to invalidity proceedings between ATLAS Air Inc. and Atlas Transport GmbH — Interpretation of Article 59 of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1) and of Rule 20(7)(c) of Commission Regulation (EC) No 2868/95 of 13 December 1995 implementing Regulation No 40/94 (OJ 1995 L 303, p. 1) — Circumstances justifying the stay in the cancellation proceedings — Application for annulment of the mark on which the opposition is founded pending before the national court
Operative part of the order
1.The appeal is dismissed.
2.Atlas Transport GmbH is ordered to pay the costs.
(<span class="super">1</span>) OJ C 311, 22.10.2011.