22.11.2008
EN
Official Journal of the European Union
C 301/8
Judgment of the Court (Second Chamber) of 2 October 2008 — K-Swiss Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case C-144/07 P) (1)
(Appeal - Community trade mark - Regulation (EC) No 2868/95 - Time-limit for instituting proceedings before the Court of First Instance - OHIM decision - Notification by express courier - Calculation of the time limit for bringing an action)
(2008/C 301/14)
Language of the case: English
Parties
Appellant: K-Swiss Inc. (represented by: H.E. Hübner, Advocate)
Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Mondéjar Ortuño, Agent)
Re:
Appeal against the order of the Court of First Instance (Third Chamber) of 14 December 2006 in Case T-14/06 K-Swiss v OHIM dismissing as inadmissible an action for annulment of a decision of the First Board of Appeal of OHIM — Time-limit for instituting proceedings — Notification by express courier — Date from which the time-limit begins to run
Operative part of the judgment
The Court:
1.
Dismisses the appeal;
2.
Orders K Swiss Inc. to pay the costs.
(1) OJ C 117, 26.5.2007.
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