Order of the Court (Eighth Chamber) of 19 May 2009. – AMS Advanced Medical Services GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and American Medical Systems Inc.

Subject of the case

Re:

Appeal brought against the judgment of the Court of First Instance (Fifth Chamber) of 18 October 2007 in Case T-425/03 AMS v OHIM – American Medical Systems (AMS Advanced Medical Services) , by which that Court dismissed an action for annulment brought by the applicant for the figurative mark ‘AMS Advanced Medical Services’ for goods and services in Classes 5, 10 and 42 against the decision of the Fourth Board of Appeal of OHIM of 12 September 2003 annulling the decision of the Opposition Division and allowing in part the opposition by the proprietor of the national word mark ‘AMS’ – Opposition proceedings – Admissibility of a request to prove the genuine use of the earlier mark made by the applicant for the first time before the Board of Appeal.

Operative part

Operative part:

1. There is no need to adjudicate on the appeal brought by AMS Advanced Medical Services GmbH.

2. AMS Advanced Medical Services GmbH is ordered to pay the costs of the present proceedings.