CELEX: C2005/217/90
Language: en
Date: 2005-09-03 00:00:00
Title: Order of the Court of First Instance of 28 June 2005 in Case T-158/04 Erich Drazdansky v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Application for Community word mark ‘UUP'S’ — Earlier national word marks UP — Dismissal of the application for restitutio in integrum (re-establishment of rights) — Article 78(1) of Regulation (EC) No 40/94 — Action manifestly without legal substance)

3.9.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 217/41
            
         
      ORDER OF THE COURT OF FIRST INSTANCE
   
   of 28 June 2005
   in Case T-158/04 Erich Drazdansky v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (1)
   
   (Community trade mark - Application for Community word mark ‘UUP'S’ - Earlier national word marks UP - Dismissal of the application for restitutio in integrum (re-establishment of rights) - Article 78(1) of Regulation (EC) No 40/94 - Action manifestly without legal substance)
   (2005/C 217/90)
   Language of the case: German
   In Case T-158/04: Erich Drazdansky, residing in Wiener Neustadt (Austria), represented by A.M. Leeb, lawyer, against Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agent: G. Schneider), the other party to the proceedings before the OHIM Board of Appeal, and intervener before the Court of First Instance, being The Concentrate Manufacturing Company of Ireland (Seven-Up International), established in Hamilton (Bermuda), represented by M. de Justo Bailey, lawyer — action brought against the decision of the Second Board of Appeal of OHIM of 3 March 2004 (Case R 611/2003-2) relating to opposition proceedings between Mr Drazdansky and The Concentrate Manufacturing Company of Ireland — the Court of First Instance (Fourth Chamber), composed of H. Legal, President, P. Lindh and V. Vadapalas, Judges; H. Jung, Registrar, made an order on 28 June 2005, the operative part of which is as follows:
   
               1.
            
            
               The action is dismissed.
            
         
               2.
            
            
               The applicant is ordered to pay the costs.
            
         
      (1)  OJ C 217 of 28.8.2004.