Judgment of the General Court of 28 April 2010 — Claro v OHIM — Telefónica (Claro)

(Case T-225/09) (1)

(Community trade mark - Opposition proceedings - Application for the Community three-dimensional mark Claro - Earlier Community word mark CLARO - Inadmissibility of the appeal brought before the Board of Appeal - Articles 59 and 62 of Regulation (EC) No 40/94 (now Articles 60 and 64 of Regulation (EC) No 207/2009) - Rule 49(1) of Regulation (EC) No 2868/95)

2010/C 148/53

Language of the case: Spanish

Parties

Applicant: Claro, SA (São Paulo, Brazil) (represented by: E. Armijo Chávarri and A. Castán Pérez-Gómez, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: J.F. Crespo Carrillo, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Telefónica SA (Madrid, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 26 February 2009 (Case R 1079/2008-2), relating to opposition proceedings between Telefónica, SA and BCP S/A

Operative part of the judgment

The Court:

(1)  OJ C 180, 1.8.2009.