Order of the Court (Sixth Chamber) of 2 March 2011 – Claro v OHIM
(Case C-349/10 P)
Appeal – Community trade mark – Refusal of registration – Admissibility of the appeal before the Board of Appeal – Failure to file a statement setting out the grounds of appeal – Article 59 of Regulation (EC) No 40/94 – Rule 49(1) of Regulation (EC) No 2868/95 – Appeal manifestly unfounded
Community trade mark – Appeals procedure – Form of appeal and period within which it must be brought – Pleading setting out the grounds lodged within the period prescribed – Condition of admissibility (Council Regulation No 40/94, Art. 59; Commission Regulation No 2868/95, Article 1, Rule 49) (see paragraphs 39-41)
Re:
| Appeal brought against the judgment of the General Court (Fifth Chamber) of 28 April 2010 in Case T‑225/09 | Claro | v | OHIM and Telefónica | , by which that court dismissed the action brought against the decision of the Second Board of Appeal of OHIM of 26 February 2009 (Case R 1079/2008‑2) concerning opposition proceedings between Telefónica, SA and BCP S/A |
Operative part
1. |
| The appeal is dismissed. |
2. |
| Claro SA shall pay the costs. |