Order of the Court (Sixth Chamber) of 2 March 2011 — Claro SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Telefónica SA

(Case C-349/10 P) (1)

(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)

2011/C 252/16

Language of the case: Spanish

Parties

Appellant: Claro SA (represented by: E. Armijo Chávarri, abogado)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, acting as Agent), Telefónica SA

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 the General 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 of the order

(1)  OJ C 234, 28.8.2010.