Source: EURLEX
Language: en
Format: md

**Order of the Court of First Instance (Eighth Chamber) of 14 July 2009 – Hoo Hing v OHIM – Tresplain Investments (Golden Elephant Brand)**

**(Case T-300/08)**

Community trade mark – Invalidity proceedings – Article 63(4) of Regulation (EC) No 40/94 (now Article 65(4) of Regulation (EC) No 207/2009) – Act which upheld the applicant’s claims in their entirety – Inadmissibility

Community trade mark – Appeals procedure – Persons entitled to appeal and to be parties to the proceedings – Persons whose claims not upheld by a decision (Council Regulation No 40/94, Art. 63(4)) (see paras 30-32)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the First Board of Appeal of OHIM of 7 May 2008 (Case R 889/2007-1) relating to invalidity proceedings between Hoo Hing Holdings Ltd and Tresplain Investments Ltd. |

**Information relating to the case**

|  |  |
| --- | --- |
| Registered Community trade mark subject of the application for a declaration of invalidity: | The figurative mark ‘Golden Elephant Brand’ for goods in Class 30 – Community trade mark registration No 241810 |
| Proprietor of the Community trade mark: | Tresplain Investments Ltd |
| Party requesting the declaration of invalidity of the Community trade mark: | Hoo Hing Holdings Ltd |
| Trade mark right of the party requesting the declaration of invalidity: | The unregistered figurative mark ‘GOLDEN ELEPHANT’, which had been in use in the United Kingdom |
| Decision of the Cancellation Division: | Rejection of the application for a declaration of invalidity |
| Decision of the Board of Appeal: | Annulment of the decision of the Cancellation Division |

**Operative part**

|  |  |  |
| --- | --- | --- |
| 1. |  | The action is dismissed as inadmissible. |

|  |  |  |
| --- | --- | --- |
| 2. |  | Hoo Hing Holdings Ltd is ordered to pay the costs. |

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