Order of the General Court (Sixth Chamber) of 26 January 2016

Data

Court: General Court

Case date: 26 januari 2016

Verdict

Order of the General Court (Sixth Chamber) of 26 January 2016 —

Permapore v OHIM — José Joaquim Oliveira II — Jardins & Afins (Terraway)

(Case T‑277/15)

"Community trade mark - Opposition proceedings - Application for Community figurative mark Terraway - Earlier national and international word marks TERRAWAY - Partial rejection of the opposition - Failure to comply with the obligation to pay the appeal fee within the period prescribed - Decision of the Board of Appeal declaring the appeal deemed not to have been filed - Action manifestly lacking any basis in law"

Community trade markAppeals procedureForm of appeal and period within which it must be broughtPayment of the appeal fee outside the time-limit (Council Regulation No 207/2009, Art. 60; Commission Regulation No 2868/95, Art. 1, Rule 49(3)) (see paras 23, 24)

Re:

APPLICATION for annulment of the decision of the First Board of Appeal of OHIM of 5 March 2015 (Case R 2496/2014-1), relating to opposition proceedings between José Joaquim Oliveira II — Jardins & Afins Lda and Permapore Ltd.

Operative part

The action is dismissed.

Permapore Ltd is ordered to bear its own costs and pay those incurred by the by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).

José Joaquim Oliveira II — Jardins & Afins Lda is ordered to bear its own costs.