Communication of OHIM that opposition is admissible is not only a procedural measure

TRADE MARK LAW - LITIGATION

Communication of OHIM to opposing party that opposition is admissible, is not simply a procedural measure but a decision which may only be revoked or annulled in accordance with Trademark Regulation.

"70. It is apparent from all the foregoing that, by finding, at paragraphs 95 and 102 of the judgment under appeal, that the only purpose of the communication of 20 May 2008 was to inform the appellant of the date on which the contentious part of the opposition proceedings was to commence, at the same time requesting it to supplement the opposition by submitting facts, evidence and arguments, and that that communication did not constitute a decision but simply a measure of organisation of procedure lacking any binding legal effect, the General Court misconstrued the combined provisions of Rules 17 and 18 of the Implementing Regulation and Articles 55 and 77a of Regulation No 40/94."

IPPT20121018, CJEU, Jager & Polacek

C-402/11 P - ECLI:EU:C:2012:649