Source: EURLEX
Language: en
Format: md

**Order of the Court of First Instance (First Chamber) of 6 September 2006 – Hensotherm v OHIM – Hensel (HENSOTHERM)**

**(Case T-366/04)**

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

Community trade mark – Appeals procedure – Time-limit and form of appeal (Council Regulation No 40/94, Art. 59; Commission Regulation No 2868/95, Art. 1, Rule 49) (see
paras 32-33, 57)

**Re:**

|  |
| --- |
| ACTION brought against the decision of the First Board of Appeal of OHIM of 12 July 2004 (Case R 614/2003-1), concerning proceedings for invalidity of the Community figurative mark HENSOTHERM. |

**Information relating to the case**

|  |  |
| --- | --- |
| Registered Community trade mark subject to an action for cancellation: | Figurative mark HENSOTHERM for goods in Classes 2 and 17 – Community trade mark No 357863 |
| Proprietor of the Community trade mark: | Hensotherm AB |
| Party bringing the action for cancellation: | Rudolf Hensel GmbH |
| Trade mark of the applicant for cancellation: | National word mark HENSOTHERM (No 213672) for goods in Class 2 |
| Decision of the Cancellation Division: | Annulment of the Community trade mark |
| Decision of the Board of Appeal: | Dismissal of the action |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
|  |  | Dismisses the action; |

|  |  |  |
| --- | --- | --- |
|  |  | Orders the applicant to pay its own costs as well as those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs); |

|  |  |  |
| --- | --- | --- |
|  |  | Orders the intervener to pay its own costs. |

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