Order of the Court (Fifth Chamber) of 20 October 2011.#DTL Corporación SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).#Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 8(1)(b) – Opposition procedure – Figurative mark containing the word element ‘Solaria’ and earlier national figurative mark containing the word element ‘Solartia’ – Registration refused in part – Likelihood of confusion – Request for a stay of the proceedings before the General Court – Failure to lodge the request in good time.#Case C-67/11 P.

Subject of the case

Re:

Appeal brought against the judgment of the General Court (Fourth Chamber) of 15 December 2010 in Case T‑188/10 DTL v OHIM – Gestión de Recursos y Soluciones Empresariales (Solaria) by which that court dismissed an action brought against the decision of the Second Board of Appeal of OHIM of 17 February 2010 (Case R 767/2009-2) relating to opposition proceedings between Gestión de Recursos y Soluciones Empresariales SL and DTL Corporación SL.

Operative part

Operative part

1. There is no need to adjudicate on the appeal in so far as it concerns the services falling within Class 37 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended.

2. The appeal is dismissed in so far as it concerns the services falling within Class 42 of the Nice Agreement.

3. DTL Corporación SL is ordered to pay the costs.