CELEX: 62008TN0126
Language: en
Date: 2008-03-20 00:00:00
Title: Case T-126/08: Action brought on 20 March 2008 — Okalux v OHIM — Ondex (ONDACELL)

9.5.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 116/28
            
         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), Decision No EX-96-1 (2) and Communication No 5/96 (3).
   
      (1)  Commission Regulation (EC) No 2869/95 of 13 December 1995 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs) (OJ 1995 L 303, p. 33).
   
      (2)  Decision No EX-96-1 of the President of the Office of 11 January 1996 concerning the conditions for opening current accounts at the Office (OHIM OJ 1996, 48).
   
      (3)  Communication No 5/96 of the President of the Office, of 8 August 1996, concerning current accounts (OHIM OJ 1996, 1461).