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16.12.2006 |
EN |
Official Journal of the European Union |
C 310/17 |
Order of the Court of First Instance of 6 September 2006 — Hensotherm v OHIM — Hensel (HENSOTHERM)
(Case T-366/04) (1)
(Community trade mark - Cancellation proceedings - Community figurative and word mark HENSOTHERM - National word mark HENSOTHERM - Inadmissibility of the appeal against the decision conferring the cancellation - Time-limits - Restitutio in integrum)
(2006/C 310/33)
Language of the case: Swedish
Parties
Applicant: Hensotherm AB (Trelleborg, Sweden) (represented by: S. Hallbäck, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Laitinen, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court of First Instance: Rudolf Hensel GmbH (Börnsen, Germany) (represented by: M. Zöbisch, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 12 July 2004 (Case R 614/2003-1), concerning proceedings for invalidity of the Community figurative mark HENSOTHERM.
Operative part of the order
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1. |
The action is dismissed; |
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2. |
The applicant is ordered to pay its own costs as well as those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs); |
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3. |
The intervener is ordered to pay its own costs. |