Community trade mark - Opposition proceedings - Application for Community word mark REDTUBE - Earlier unregistered national mark Redtube - Failure to pay the opposition fee within the prescribed period - Decision deeming the opposition non-existent - Article 8(3) of Regulation (EC) No 2869/95 - Protection of legitimate expectations - Rule 17 of Regulation (EC) No 2868/95 - Ex parte proceedings - Article 8(2) of Regulation (EC) No 216/96 - Rule 18 of Regulation No 2868/95 - Legal nature of a communication from OHIM informing a party that an opposition has been found to be admissible - Rule of parallelism of procedural requirements and of the actus contrarius - Article 80 of Regulation (EC) No 207/2009.

Judgment of the General Court (Seventh Chamber) of 12 May 2011 – Jager & Polacek v OHIM (REDTUBE) (Case T-488/09) Community trade mark – Opposition proceedings – Application for Community word mark REDTUBE – Earlier unregistered national mark Redtube – Failure to pay the opposition fee within the prescribed period – Decision deeming the opposition non-existent – Article 8(3) of Regulation (EC) No 2869/95 – Protection of legitimate expectations – Rule 17 of Regulation (EC) No 2868/95 – Ex parte proceedings – Article 8(2) of Regulation (EC) No 216/96 – Rule 18 of Regulation No 2868/95 – Legal nature of a communication from OHIM informing a party that an opposition has been found to be admissible – Rule of parallelism of procedural requirements and of the actus contrarius – Article 80 of Regulation (EC) No 207/2009 Community trade mark – Registration procedure – Observation of third parties and opposition – Failure to pay opposition fee (Commission Regulation No 2869/95, Arts 8(3) and 8(4)) (see paras 38-41, 44-49) Re: ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 29 September 2009 (Case R 442/2009-4), concerning opposition proceedings between Jager & Polacek GmbH and RT Mediasolutions s.r.o. Information relating to the case Applicant for the Community trade mark: RT Mediasolutions s.r.o. Community trade mark sought: Word mark REDTUBE for goods and services in Classes 9, 38 and 41 – Application No 6096309 Proprietor of the mark or sign cited in the opposition proceedings: Jager & Polacek GmbH Mark or sign cited in opposition: Non-registered trade mark Redtube Decision of the Opposition Division: The notice of opposition is deemed not to have been entered Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Dismisses the action; 2. Orders Jager & Polacek GmbH to pay the costs.