27.7.2015
EN
Official Journal of the European Union
C 245/42
Action brought on 13 May 2015 — Permapore v OHIM — José Joaquim Oliveira II - Jardins & Afins (Terraway)
(Case T-277/15)
(2015/C 245/51)
Language in which the application was lodged: Portuguese
Parties
Applicant: Permapore Ltd (Nenagh, Tipperary, Ireland) (represented by: J. Sales, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: José Joaquim Oliveira II — Jardins & Afins Lda (Grijó, Portugal)
Details of the proceedings before OHIM
Applicant: Applicant
Trade mark at issue: Community figurative mark including the word element ‘Terraway’ — Application for registration No 11 988 301
Procedure before OHIM: Opposition proceedings
Contested decision: Decision of the First Board of Appeal of OHIM of 5 March 2015 in Case R 2496/2014-1
Form of order sought
The applicant claims that the Court should:
—
Set aside the decision of the Board of Appeal of OHIM and substitute it with one which makes a ruling or which orders that a ruling be made — at length — on the substantive/material issues, and not just the issue of whether the court fee was paid in good time;
Pleas in law
—
The applicant claims that he paid the fee for appeal, provided for in Article 60 of Regulation No 207/2009, on 20 November 2014;
—
In terms of the substance of the case, the applicant alleges infringement of Article 52(1)(a) and (b), Article 7(1)(g) and the last part of Article 54(2) of Regulation No 207/2009.
Full & Egal Universal Law Academy