Order — ECLI:EU:T:2009:32
Date: 2009-02-10
Language of the case: German
Court formation: Sixth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Opposition proceedings
Procedure: Action for annulment - unfounded
Origin: Germany

Order of the Court of First Instance of 10 February 2009 - Okalux v OHIM - Ondex (ONDACELL) (Case T-126/08) 1 (Community trade mark - Opposition proceedings - Failure to pay the opposition fee - Decision deeming the opposition non-existent - Action manifestly devoid of any legal basis) Language of the case: German Parties Applicant: Okalux GmbH (Marktheidenfeld, Germany) (represented by: M. Beckensträter, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent) Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Ondex SAS (Chevigny-Saint-Sauveur, France) Re: Action brought against the decision of the Fourth Board of Appeal of OHIM of 22 January 2008 (Case R 1384/2007-4) regarding opposition proceedings between Okalux GmbH and Ondex SAS. Operative part of the order 1. The action is dismissed. 2. Okalux GmbH is ordered to pay the costs. ____________ 1 - OJ C 116, 9.5.2008.