Ifemy’s Holding GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (T-50/09)

Judgment of 15 Mar 2011

law://eu/cjeu/2009/t-50-09/para_32@2026-11-14

32Rather it follows from the above considerations, in particular those in paragraph 29 above, that the error in identification made by the Opposition Division is to be categorised as an error of transcription or an obvious error for the purposes of Article 77a(3) of Regulation No 40/94 and Rule 53 of Regulation No 2868/95. Consequently, an error of that kind could, under those provisions, be corrected by the competent OHIM department or division acting of its own motion or at the request of an interested party, and OHIM does not have to revoke the decision marred by it or declare it invalid.

Ifemy’s Holding GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (T-50/09)

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