Source: EURLEX
Language: en
Format: md

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| 9.5.2008 | EN | Official Journal of the European Union | C 116/28 |

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Action brought on 20 March 2008 — Okalux v OHIM — Ondex (ONDACELL)

(Case T-126/08)

(2008/C 116/52)

Language in which the application was lodged: German

Parties

Applicant: Okalux GmbH (Marktheidenfeld, Germany) (represented by: M. Beckensträter, Rechtsanwältin)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM: Ondex S.A.S.

Form of order sought

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| — | Annul the decision of the Fourth Board of Appeal of 22 January 2008, received on 24 January 2008, and declare that the opposition of 29 August 2006 is admissible; |

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| — | order the defendant to pay the allowable costs, including the costs of the original proceedings (including the costs of the intervener). |

Pleas in law and main arguments

Applicant for a Community trade mark: Ondex S.A.S.

Community trade mark concerned: The trade mark ‘ONDACELL’ for goods and services in Classes 6, 17 and 19 (application No 4 755 971).

Proprietor of the mark or sign cited in the opposition proceedings: The applicant.

Decision of the Opposition Division: The notice of opposition is deemed not to have been entered.

Decision of the Board of Appeal: Rejection of the appeal.

Pleas in law: Infringement of Articles 5 and 8 of Regulation (EC) No 2869/95[(1)](#ntr1-C_2008116EN.01002802-E0001), Decision No EX-96-1[(2)](#ntr2-C_2008116EN.01002802-E0002) and Communication No 5/96[(3)](#ntr3-C_2008116EN.01002802-E0003).

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