Order of the Court of First Instance (Third Chamber) of 6 October 2008 – Kaloudis v OHIM – FFT (RolandGarros SPORTSWEAR)
(Case T-380/07)
Community trade mark – Opposition proceedings – Application for Community figurative mark RolandGarros SPORTSWEAR – Previous national word mark Roland Garros – Late payment of the appeal fees – Decision of the Board of Appeal deeming the action to be unfounded
Community trade mark – Procedural provisions – Notification – Defects in service (Commission Regulation No 2868/95, Art. 1, Rule 68) (see paras 30-33)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 19 July 2007 (Case R 876/2006-4) concerning opposition proceedings between the Fédération française de tennis (FFT) and Mr Dimitrios Kaloudis. |
Information relating to the case
Applicant for the Community trade mark: | Dimitrios Kaloudis |
Community trade mark sought: | Figurative mark RolandGarros SPORTSWEAR for goods in Class 25 – Application No3114477 |
Proprietor of the mark or sign cited in the opposition proceedings: | Fédération française de tennis (FFT) |
Mark or sign cited in opposition: | National word mark Roland Garros for goods in Classes 3, 16, 18, 22, 25, 28, 32, 41 and 42 |
Decision of the Opposition Division: | Opposition upheld |
Decision of the Board of Appeal: | Appeal deemed non-existent for delay in paying the appeal fee |
Operative part
The Court:
1. |
| Dismisses the action as being in part manifestly lacking any foundation in law and in part manifestly inadmissible. |
2. |
| Orders Mr Dimitrios Kaloudis to pay the costs. |