Trade Marks: Christmas Hick-Up
In K-Swiss v OHIM [2008] EUECJ C-144/07 (2 October 2008) the ECJ dismissed an appeal against the CFI's refusal to entertain an application to set aside a Board of Appeal decision on the ground that the proceedings had been filed out of time. Art 63 (5) of the CTM regulation actions against decisions of the Boards of Appeal must be brought within 2 months of notification. Rule 61 (2) of the implementing regulation requires notifications to be made by the following means: "(a) by post in accordance with Rule 62; (b) by hand delivery in accordance with Rule 63; (c) by deposit in a post box at [OHIM] in accordance with Rule 64; (d) by telecopier and other technical means in accordance with Rule 65; (e) by public notification in accordance with Rule 66.' Notification of the Board's decision was made by DHL courier rather than by post but there was evidence that the decision had been communicated to the applicant by 28 Oct 2005. Proceedings were not instituted ...