Source: EURLEX
Language: en
Format: md

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| 26.11.2011 | EN | Official Journal of the European Union | C 347/29 |

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Judgment of the General Court of 18 October 2011 — Reisenthel v OHIM — Dynamic Promotion (Hampers, crates and baskets)

(Case T-53/10)[(1)](#ntr1-C_2011347EN.01002901-E0001)

(Community design - Invalidity proceedings - Rejection of the application for a declaration of invalidity by the Invalidity Division - Notification of the Invalidity Division’s decision by fax - Appeal before the Board of Appeal - Written statement setting out the grounds of appeal - Period for submission - Admissibility of the appeal - Article 57 of Regulation (EC) No 6/2002 - Correction of a decision - Article 39 of Regulation (EC) No 2245/2002 - General principle of law authorising the withdrawal of an unlawful decision)

2011/C 347/45

Language of the case: German

Parties

Applicant: Peter Reisenthel (Gilching, Germany) (represented by: E.A. Busse, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: initially by S. Schäffner, and subsequently by R. Manea and G. Schneider, Agents)

Other party to the proceedings before the Board of Appeal of OHIM: Dynamic Promotion Co. Ltd (Bangkok, Thailand)

Re:

ACTION brought against the decision of the Third Board of Appeal of OHIM of 6 November 2009, as corrected by the decision of 10 December 2009 (Case R 621/2009-3), and against the decision of the Third Board of Appeal of OHIM of 22 March 2010 (Case R 621/2009-3), concerning invalidity proceedings between Peter Reisenthel and Dynamic Promotion Co. Ltd.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 22 March 2010 (Case R 621/2009-3) insofar as it concerns Peter Reisenthel’s request for correction of 23 December 2009; |

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| 2. | Dismisses the action as to the remainder; |

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| 3. | Orders each party to bear its own costs. |

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