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
1.
The action is dismissed.
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).
3.
José Joaquim Oliveira II — Jardins & Afins Lda is ordered to bear its own costs.
(1) OJ C 245, 27.7.2015.
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