Court of Justice 05-03-2009 ECLI:EU:C:2009:135

Data

Court: Court of Justice

Case date: 5 maart 2009

Uitspraak

Order of the Court (Eighth Chamber) of 5 March 2009 – K & L Ruppert Stiftung v OHIM

(Case C‑90/08 P)

Appeal – Community trade mark – Application for registration of the Community figurative mark CORPO LIVRE – Opposition on the part of the proprietor of the earlier national and international word marks LIVRE – Proof of use of the earlier marks submitted out of time – Rejection of the opposition

1. Community trade mark – Procedural provisions – Time-limits (Commission Regulation No 2868/95, Art. 71(1)) (see paras 21-24)

2. Community trade mark – Procedural provisions – Opposition proceedings (Council Regulation No 40/94, Arts 43(2) and (3), and 74(2); Commission Regulation No 2868/95, Rule 22(1)) (see paras 35-36)

Re:

Appeal against the judgment of the Court of First Instance (Second Chamber) in Case T-86/05

K & L Ruppert Stiftung

v

OHIM – Lopes de Almeida Cunha and Others

by which that Court dismissed an action for annulment by the proprietor of the national and international word marks ‘LIVRE’ for goods in Class 25 against the decision of the First Board of Appeal of OHIM of 7 December 2004 rejecting the appeal against the decision of the Opposition Division refusing the opposition filed against the registration of the figurative Community trade mark ‘CORPO LIVRE’ for goods in Classes 18 and 25 – Opposition proceedings – Rejection of the opposition on the ground of late submission of proof of use of earlier marks.

Operative part

The Court:

1.

Dismisses the appeal;

2.

Orders K & L Ruppert Stiftung & Co. Handels-KG to pay the costs.