Source: EURLEX
Language: en
Format: md

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| 15.8.2009 | EN | Official Journal of the European Union | C 193/20 |

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Judgment of the Court of First Instance of 1 July 2009 — Okalux v OHIM — Messe Düsseldorf (OKATECH)

(Case T-419/07)[(1)](#ntr1-C_2009193EN.01002001-E0001)

(Community trade mark - Forfeiture proceedings - Community word mark OKATECH - Partial revocation - Period allowed for appeal - Articles 57 and 77a of Regulation (EC) No 40/94 (now Articles 58 and 80 of Regulation (EC) No 207/2009) - Principles of protection of legitimate expectations and legal certainty - Right to a hearing)

2009/C 193/29

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: S. Schäffner, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Messe Düsseldorf GmbH (Düsseldorf, Germany) (represented initially by: I Friedhoff, and subsequently by: S. von Petersdorff-Campen, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 3 September 2007 (Case R 766/2007-2) concerning forfeiture proceedings between Messe Düsseldorf GmbH and Okalux GmbH.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Okalux GmbH to pay the costs. |

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