EuGH · C-90/08

Subject of the case Operative part Subject of the case Re: Appeal against the judgment of the Court of First Instance (Second Chamber) in Case T-86/05 K & L Ruppert Stiftung v OHIM – Lopes de Almeida Cunha and Others by which that Court dismissed an action for annulment by the proprietor of the national and international word marks ‘LIVRE’ for goods in Class 25 against the decision of the First Board of Appeal of OHIM of 7 December 2004 rejecting the appeal against the decision of the Opposition Division refusing the opposition filed against the registration of the figurative Community trade mark ‘CORPO LIVRE’ for goods in Classes 18 and 25 – Opposition proceedings – Rejection of the opposition on the ground of late submission of proof of use of earlier marks. Operative part Operative part The Court: 1. Dismisses the appeal; 2. Orders K & L Ruppert Stiftung & Co. Handels-KG to pay the costs.