CELEX: 62004TO0366
Language: en
Date: 2006-09-06 00:00:00
Title: Order of the Court of First Instance (First Chamber) of 6 September 2006. # Hensotherm AB v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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. # Case T-366/04.

Order of the Court of First Instance (First Chamber) of 6 September 2006 – Hensotherm v OHIM – Hensel (HENSOTHERM)
      (Case T-366/04)
      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
      Community trade mark – Appeals procedure – Time-limit and form of appeal (Council Regulation No 40/94, Art. 59; Commission Regulation No 2868/95, Art. 1, Rule 49) (see
         paras 32-33, 57)
      
      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.
               
            Information relating to the case 
      
               Registered Community trade mark subject to an action for cancellation:
            
            
               Figurative mark HENSOTHERM for goods in Classes 2 and 17 – Community trade mark No 357863
            
         
               Proprietor of the Community trade mark:
            
            
               Hensotherm AB
            
         
               Party bringing the action for cancellation:
            
            
               Rudolf Hensel GmbH
            
         
               Trade mark of the applicant for cancellation:
            
            
               National word mark HENSOTHERM (No 213672) for goods in Class 2
            
         
               Decision of the Cancellation Division:
            
            
               Annulment of the Community trade mark
            
         
               Decision of the Board of Appeal:
            
            
               Dismissal of the action
            
         
      Operative part
      The Court:
      
         
                   
               
               
                  
               
               
                  Dismisses the action;
               
            
         
                   
               
               
                  
               
               
                  Orders the applicant to pay its own costs as well as those of the Office for Harmonisation in the Internal Market (Trade Marks
                     and Designs);
                  
               
            
         
                   
               
               
                  
               
               
                  Orders the intervener to pay its own costs.