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21.3.2016 |
EN |
Official Journal of the European Union |
C 106/35 |
Order of the General Court of 26 January 2016 — Permapore v OHIM — José Joaquim Oliveira II — Jardins & Afins (Terraway)
(Case T-277/15) (1)
((Community trade mark - Opposition proceedings - Application for Community figurative mark Terraway - Earlier national and international word marks TERRAWAY - Partial rejection of the opposition - Failure to comply with the obligation to pay the appeal fee within the period prescribed - Decision of the Board of Appeal declaring that the appeal is deemed not to have been filed - Action manifestly lacking any basis in law))
(2016/C 106/40)
Language of the case: Portuguese
Parties
Applicant: Permapore Ltd (Nenagh, Ireland) (represented by: J. Sales, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Schifko, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: José Joaquim Oliveira II — Jardins & Afins Lda (Grijó, Portugal) (represented by: M. Oehen Mendes, R. Duarte Morais, M. Ribeiro da Fonseca and S. Luís Dias, lawyers)
Re:
Application for annulment of the decision of the First Board of Appeal of OHIM of 5 March 2015 (Case R 2496/2014-1), relating to opposition proceedings between José Joaquim Oliveira II — Jardins & Afins Lda and Permapore Ltd.
Operative part of the order
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1. |
The action is dismissed. |
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2. |
Permapore Ltd is ordered to bear its own costs and pay those incurred by the by the Office for Harmonisation in the Internal Market (trade marks and designs) (OHIM). |
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3. |
José Joaquim Oliveira II — Jardins & Afins Lda is ordered to bear its own costs. |