Case T-366/04: Order of the Court of First Instance of 6 September 2006 — Hensotherm v OHIM — Hensel (HENSOTHERM) (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)
Date: 2006-12-16
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), insulator, paints and varnishes, trade-mark law

16.12.2006

EN

Official Journal of the European Union

C 310/17

Operative part of the judgment

The Court:

1. Dismisses the action;

Order of the President of the Court of First Instance of 13
October 2006 — Vischim v Commission

(Case T-420/05 R II)

2. Orders Armacell Enterprise GmbH to bear its own costs and to
pay those incurred by the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) and nmc SA.

(Application for interim measures — Application for suspen-
sion of operation — Directive 91/414/EEC — Fresh applica-
tion — Urgency — None)

(1) OJ C 171, 9.7.2005.

(2006/C 310/34)

Language of the case: English

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: Vischim Srl (Cesano Maderno, Italy), (represented by
C. Mereu and K. Van Maldegem, lawyers)

Defendant Commission of the European Communities (repre-
sented by B. Doherty and L. Parpala, lawyers)

Re:

Application for suspension of the deadline of 31 August 2006
set by Article 3 of Commission Directive 2005/53/EC of 16
September 2005 amending Council Directive 91/414/EEC to
include chlorothalonil, chlorotoluron, cypermethrin, damino-
zide and thiophanate-methyl as active substances (OJ 2005
L 241, p.51)

Parties

Operative part of the order

Applicant: Hensotherm AB (Trelleborg, Sweden)
by: S. Hallbäck, lawyer)

(represented

1. The application for interim measures is dismissed.

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: S. Laitinen, Agent)

2. Costs are reserved.

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 First Board of
Appeal of OHIM of 12 July 2004 (Case R 614/2003-1),
concerning proceedings for invalidity of the Community figura-
tive mark HENSOTHERM.

the decision of

Order of the Court of First Instance of 6 October 2006 —
Biofarma v OHIM — Anca Health Care (CAFON)

(Case T-442/05) (1)

(Community trade mark — Withdrawal of the application
for registration — No need to adjudicate)

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.

Parties

(2006/C 310/35)

Language of the case: Spanish

(1) OJ C 31, 5.2.2005.

Applicant: Biofarma (Madrid, Spain) (represented by: V. Gil Vega
and A. Ruiz López, lawyers)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: J. García Murillo,
Agent)