CELEX: 62006TA0171
Language: en
Date: 2009-03-17 00:00:00
Title: Case T-171/06: Judgment of the Court of First Instance of 17 March 2009 — Laytoncrest v OHIM — Erico (TRENTON) (Community trade mark — Opposition proceedings — Application for the Community word mark TRENTON — Earlier Community word mark LENTON — Right to be heard — Article 73 of Regulation (EC) No 40/94 and Rule 54 of Regulation (EC) No 2868/95 — No withdrawal of the trade mark application — Article 44(1) of Regulation No 40/94 — Obligation to rule on the basis of the available evidence — Rule 20(3) and Rule 50(1) of Regulation No 2868/95)

16.5.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 113/31
            
         Judgment of the Court of First Instance of 17 March 2009 — Laytoncrest v OHIM — Erico (TRENTON)
   (Case T-171/06) (1)
   
   (Community trade mark - Opposition proceedings - Application for the Community word mark TRENTON - Earlier Community word mark LENTON - Right to be heard - Article 73 of Regulation (EC) No 40/94 and Rule 54 of Regulation (EC) No 2868/95 - No withdrawal of the trade mark application - Article 44(1) of Regulation No 40/94 - Obligation to rule on the basis of the available evidence - Rule 20(3) and Rule 50(1) of Regulation No 2868/95)
   2009/C 113/63
   Language of the case: Greek
   
      Parties
   
   
      Applicant: Laytoncrest Ltd (London, United Kingdom) (represented by: N. Dontas and P. Georgopoulou, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent)
   
      Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court of First Instance: Erico International Corp. (Solon, Ohio, United States) (represented by: M. Samer, O. Gillert and F. Schiwek, lawyers)
   
      Re:
   
   Action brought against the decision of the Second Board of Appeal of OHIM of 26 April 2006 (Case R 406/2004-2) relating to opposition proceedings between Erico International Corp. and Laytoncrest Ltd.
   
      Operative part of the judgment
   
   The Court of First Instance:
   
               1.
            
            
               Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 26 April 2006 (R 406/2004-2);
            
         
               2.
            
            
               Orders OHIM to bear its own costs and to pay those incurred by Laytoncrest Ltd;
            
         
               3.
            
            
               Orders Erico International Corp. to bear its own costs.
            
         
      (1)  OJ C 212, 2.9.2006.