Judgment_paragraph 73 · dm-drogerie markt GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (T-36/09)

73Under Rule 53 of Regulation No 2868/95, where OHIM becomes aware, of its own motion or at the instance of a party to the proceedings, of a linguistic error, error of transcription or obvious mistake in a decision, it is to ensure that that error or mistake is corrected by the department or division responsible. It is apparent from that wording that the only legitimate purpose of corrections made on the basis of that provision is to correct spelling mistakes or grammatical errors, errors of transcription — such as errors relating to the names of the parties or to the written forms of the signs — or errors which are so obvious that nothing but the wording as corrected could have been intended.

dm-drogerie markt GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (T-36/09)

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