Source: All England Reporter
Publisher Citation: [2012] All ER (D) 345 (Oct)
Court: Court of Justice of the European Union (Second Chamber)
Judge:

Judges Rosas (acting as President of the Second Chamber), Lohmus, von Danwitz, Arabadjiev and Fernlund (Rapporteur)

Judgment Dates: 18 October 2012

Catchwords

European Union - Trade marks - Registration - Applicant company filing opposition to registration of trade mark - Respondent informing applicant that opposition admissible - Respondent subsequently informing applicant that communication as to admissibility sent in error and having no effect - Respondent's Opposition Division adopting decision that opposition to be treated as not having effect - General Court of the European Union dismissing applicant's appeal on principal ground that communication as to admissibility not constituting a decision - Whether General Court erring - Whether communication as to admissibility capable of constituting a decision - Council Regulation (EC) 40/94, arts 57, 77a - Commission Regulation (EC) 2868/95, r 18(1).

The Case

European Union Trade marks. The Court of Justice of the European Union set aside the judgment of the General Court of the European Union in Case , Jager & Polacek v OHIM (REDTUBE) and annulled the decision of the Fourth Board of Appeal of the Office for the Harmonisation in the Internal Market (Trade Marks and Designs), concerning trade mark opposition proceedings between Jager & Polacek GmbH and RT Mediasolutions.

If you are a LexisLibrary subscriber you can read more about this case here.