CELEX: C2006/310/33
Language: en
Date: 2006-12-16 00:00:00
Title: Case T-366/04: Order of the Court of First Instance of 6 September 2006 — Hensotherm v OHIM — Hensel (HENSOTHERM) (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)

16.12.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 310/17
            
         Order of the Court of First Instance of 6 September 2006 — Hensotherm v OHIM — Hensel (HENSOTHERM)
   (Case T-366/04) (1)
   
   (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)
   (2006/C 310/33)
   Language of the case: Swedish
   Parties
   
      Applicant: Hensotherm AB (Trelleborg, Sweden) (represented by: S. Hallbäck, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Laitinen, Agent)
   
      Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court of First Instance: Rudolf Hensel GmbH (Börnsen, Germany) (represented by: M. Zöbisch, lawyer)
   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.
   Operative part of the order
   
               1.
            
            
               The action is dismissed;
            
         
               2.
            
            
               The applicant is ordered to pay its own costs as well as those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs);
            
         
               3.
            
            
               The intervener is ordered to pay its own costs.
            
         
      (1)  OJ C 31, 5.2.2005.