CELEX: 62008TO0300
Language: en
Date: 2009-07-14 00:00:00
Title: Order of the Court of First Instance (Eighth Chamber) of 14 July 2009. # Hoo Hing Holdings Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Invalidity proceedings - Article 63(4) of Regulation (EC) No 40/94 (now Article 65(4) of Regulation (EC) No 207/2009) - Act which upheld the applicant’s claims in their entirety - Inadmissibility. # Case T-300/08.

Order of the Court of First Instance (Eighth Chamber) of 14 July 2009 – Hoo Hing v OHIM – Tresplain Investments (Golden Elephant Brand)
      (Case T-300/08)
      Community trade mark – Invalidity proceedings – Article 63(4) of Regulation (EC) No 40/94 (now Article 65(4) of Regulation (EC) No 207/2009) – Act which upheld the applicant’s claims in their entirety – Inadmissibility
      Community trade mark – Appeals procedure – Persons entitled to appeal and to be parties to the proceedings – Persons whose claims not upheld by a decision (Council Regulation No 40/94, Art. 63(4)) (see paras 30-32)
      Re:
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 7 May 2008 (Case R 889/2007-1) relating to invalidity
                  proceedings between Hoo Hing Holdings Ltd and Tresplain Investments Ltd.
               
            Information relating to the case
      
               Registered Community trade mark subject of the application for a declaration of invalidity:
            
            
               The figurative mark ‘Golden Elephant Brand’ for goods in Class 30 – Community trade mark registration No 241810
            
         
               Proprietor of the Community trade mark:
            
            
               Tresplain Investments Ltd
            
         
               Party requesting the declaration of invalidity of the Community trade mark:
            
            
               Hoo Hing Holdings Ltd
            
         
               Trade mark right of the party requesting the declaration of invalidity:
            
            
               The unregistered figurative mark ‘GOLDEN ELEPHANT’, which had been in use in the United Kingdom
            
         
               Decision of the Cancellation Division:
            
            
               Rejection of the application for a declaration of invalidity
            
         
               Decision of the Board of Appeal:
            
            
               Annulment of the decision of the Cancellation Division
            
         
      Operative part 
      
         
                  1.
               
               
                  
               
               
                  	The action is dismissed as inadmissible.
               
            
         
                  2.
               
               
                  
               
               
                  	Hoo Hing Holdings Ltd is ordered to pay the costs.