Cargo Partner AG v European Union Intellectual Property Office (T-123/04)

Judgment of 27 Sept 2005

law://eu/cjeu/2004/t-123-04/para_31@2026-11-14

31OHIM submits that the application is inadmissible in so far as the applicant seeks the variation of the contested decision with the aim of having the sign CARGO PARTNER registered as a trade mark. In fact the Court cannot authorise the registration of a mark sought. Firstly, it follows from Article 233 EC and Article 63 (6) of Regulation No 40/94, as well as from the case-law, that OHIM is required itself to take the necessary measures to comply with the judgments of the Community Courts (Case T-163/98 Procter & Gamble v OHIM (BABY-DRY) [1999] ECR II-2383, paragraph 53). Secondly, the next stage in the procedure for registration as a Community trade mark is not registration of the mark sought, but the publication of the application in accordance with Article 40 of Regulation No 40/94.

Cargo Partner AG v European Union Intellectual Property Office (T-123/04)

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