Judgment of the General Court (Fifth Chamber) of 17 March 2011.#Vicente J. Jiménez Sarmiento v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).#Community trade mark - Opposition proceedings - Calculation of the time-limit for submitting a pleading setting out the grounds of the action before the Board of Appeal - Rule 70 of Regulation (EC) No 2868/95 - Previous practice of OHIM - Concept of excusable error.#Case T-455/09.

Subject of the case

Re:

ACTION for annulment brought against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 4 September 2009 (Case R 312/2009-4) rejecting the appeal of Mr Vicente J. Jiménez Sarmiento as inadmissible in the opposition proceedings between the latter and Messrs Michel Robin, D. Falzone and M. Monseur.

Information relating to the case

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Operative part

Operative part

The Court:

1. Dismisses the action;

2. Orders Vicente J. Jiménez Sarmiento to bear his own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM);

3. Orders Oxygène sport international to bear its own costs.