Axis AB v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) T-70/08, [2010] All ER (D) 62 (Sep)
Court of Justice of the European Communities (Fifth Chamber), Judges Vilaras (president), Prek and Ciuca (rapporteur), 9 Sep 2010
The case law of the General Court has established that while Art 59 of Council Regulation 40/94 provides that an appeal is deemed to be filed only when the fee for appeal has been paid, the mere payment of the corresponding amount cannot be considered to be equivalent to the notice required under that provision.
On 17 June 2004, the applicant filed an application for registration of a Community trade mark with the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) under Council Regulation (EC) 40/94 (on the Community trade mark). The mark for which registration was sought was the word mark “ETRAX”. On 14 October 2005, the intervener, Etra Investigacion y Desarrollo, SA filed a notice of opposition to registration of the mark in question pursuant to Art 42 of the Regulation based on a number of earlier
