|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 345 (Oct)|
|Court:||Court of Justice of the European Union (Second Chamber)|
Judges Rosas (acting as President of the Second Chamber), Lohmus, von Danwitz, Arabadjiev and Fernlund (Rapporteur)
|Judgment Dates:||18 October 2012|
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).