No Success For Success

The Court of First Instance (CFI) ruled today inward Joined Cases T-380/02 as well as T-128/03,Success-Marketing Unternehmensberatungsgesellschaft mbH 5 OHIM, to a greater extent than or less other pitiful restitutio inward integrum case. In short, the applicant sought to register the discussion rank PAN & CO equally a Community merchandise rank inward diverse classes, including Class thirty (bread, flour preparations etc). It filled inward the application form, including details of his representative's fax number. Chipita opposed, citing its before PAN figurative rank (below) as well as alleging a likelihood of confusion inward honor of goods inward Class 30.

The opposition succeeded for cast 30, simply the application was allowed for the other classes as well as the applicant was asked to pay the registration fee. Subsequently OHIM sent the applicant a re-create of the Opposition Division's decision. The applicant complained that it had non been informed of the opposition proceedings, asked for its coin dorsum as well as too asked for the clock to last turned dorsum a year, to before the opposition proceedings were commenced. The Board of Appeal rejected this application as well as the CFI agreed. Apart from the query of whether it had been brought exterior the fourth dimension throttle for making such application, it was jump to neglect 1 time OHIM showed that detect of the Opposition Division proceedings was faxed to it as well as that the fax transmission appeared to last successful.

wishes the application could accept been refused on the grounds that it was dull, technical as well as boring.

Guide to prophylactic fax here
Dealing amongst unwanted fax transmissions here and here