Order — ECLI:EU:T:2006:240
Date: 2006-09-06
Language of the case: Swedish
Court formation: First Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Appeals before the Boards of Appeal
Procedure: Action for annulment
Origin: Sweden

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) 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 1. The action is dismissed; 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); 3. The intervener is ordered to pay its own costs. ____________ 1 - OJ C 31, 5.2.2005.