Source: EURLEX
Language: en
Format: md

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| 16.5.2009 | EN | Official Journal of the European Union | C 113/31 |

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Judgment of the Court of First Instance of 17 March 2009 — Laytoncrest v OHIM — Erico (TRENTON)

(Case T-171/06)[(1)](#ntr1-C_2009113EN.01003102-E0001)

(Community trade mark - Opposition proceedings - Application for the Community word mark TRENTON - Earlier Community word mark LENTON - Right to be heard - Article 73 of Regulation (EC) No 40/94 and Rule 54 of Regulation (EC) No 2868/95 - No withdrawal of the trade mark application - Article 44(1) of Regulation No 40/94 - Obligation to rule on the basis of the available evidence - Rule 20(3) and Rule 50(1) of Regulation No 2868/95)

2009/C 113/63

Language of the case: Greek

Parties

Applicant: Laytoncrest Ltd (London, United Kingdom) (represented by: N. Dontas and P. Georgopoulou, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court of First Instance: Erico International Corp. (Solon, Ohio, United States) (represented by: M. Samer, O. Gillert and F. Schiwek, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 26 April 2006 (Case R 406/2004-2) relating to opposition proceedings between Erico International Corp. and Laytoncrest Ltd.

Operative part of the judgment

The Court of First Instance:

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| 1. | Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 26 April 2006 (R 406/2004-2); |

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| 2. | Orders OHIM to bear its own costs and to pay those incurred by Laytoncrest Ltd; |

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| 3. | Orders Erico International Corp. to bear its own costs. |

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