application for invalidation of the effects of a registration

The case that we are making here is – in legal jargon – circumstantial.

Decision of the Cancellation Division: Rejected the request for invalidity

The Cancellation Division rejected initially in its entirety the application.

Decision of the Cancellation Division: Application upheld in part

Therefore, the sale to appellant Rust cannot be upheld.

Case T-302/10: Order of the General Court of 23 November 2012 — Crocs v OHIM — Holey Soles Holdings and PHI (Representation of footwear) (Community trade mark — Invalidity action — Withdrawal of the invalidity action — No need to adjudicate)

When and in what circumstances an application for a Rule 39 interim measure should be made;

When and in what circumstances an application for a Rule 39 interim measure should be made;

A European patent may only be opposed on the grounds that:

An application for a declaration of invalidity may be filed on the basis of one or more earlier rights, provided they all belong to the same proprietor.

the Office, pursuant to Article 60(1)(b), instead of an application for a declaration of invalidity;

(a) the Office, pursuant to Article 60(1)(b), instead of an application for a declaration of invalidity;

In 2006, German firm Simba Toys challenged this trademark.

85 That question concerns the admissibility of the application for a declaration of invalidity and, accordingly, it should always be verified since the appellant for a declaration of invalidity must have an interest in bringing proceedings.