Judgments (Information) nº T-106/12 of The General Court, July 03, 2013
Resolution Date | July 03, 2013 |
Issuing Organization | The General Court |
Decision Number | T-106/12 |
Judgment of the General Court (Third Chamber) of 3 July 2013 —Cytochroma Development v OHIM — Teva Pharmaceutical Industries (ALPHAREN) (Case T‑106/12)
Community trade mark — Opposition proceedings — Application for the Community word mark ALPHAREN — Earlier national word marks ALPHA D3 — Relative ground for refusal — Compliance by OHIM with a judgment annulling a decision of its Boards of Appeal — Article 65(6) of Regulation (EC) No 207/2009 — Composition of the Boards of Appeal — Article 1(d) of Regulation (EC) No 216/96
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Actions for annulment — Judgment annulling a measure — Effects — Obligation to implement — Scope — Both the operative part and the grounds of the judgment to be taken into account — Retroactive effect of annulment (Art. 266 TFEU) (see paras 37, 38)
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Community trade mark — Procedural provisions — Examination of the facts of the Office’s own motion — Opposition proceedings — Examination restricted to the submissions of the parties — Well-known facts taken into account (Council Regulation No 207/2009, Art. 76(1)) (see para. 51)
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