CELEX: 62010TA0053
Language: en
Date: 2011-10-18 00:00:00
Title: Case T-53/10: Judgment of the General Court of 18 October 2011 — Reisenthel v OHIM — Dynamic Promotion (Hampers, crates and baskets) (Community design — Invalidity proceedings — Rejection of the application for a declaration of invalidity by the Invalidity Division — Notification of the Invalidity Division’s decision by fax — Appeal before the Board of Appeal — Written statement setting out the grounds of appeal — Period for submission — Admissibility of the appeal — Article 57 of Regulation (EC) No 6/2002 — Correction of a decision — Article 39 of Regulation (EC) No 2245/2002 — General principle of law authorising the withdrawal of an unlawful decision)

26.11.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 347/29
            
         Judgment of the General Court of 18 October 2011 — Reisenthel v OHIM — Dynamic Promotion (Hampers, crates and baskets)
   (Case T-53/10) (1)
   
   (Community design - Invalidity proceedings - Rejection of the application for a declaration of invalidity by the Invalidity Division - Notification of the Invalidity Division’s decision by fax - Appeal before the Board of Appeal - Written statement setting out the grounds of appeal - Period for submission - Admissibility of the appeal - Article 57 of Regulation (EC) No 6/2002 - Correction of a decision - Article 39 of Regulation (EC) No 2245/2002 - General principle of law authorising the withdrawal of an unlawful decision)
   2011/C 347/45
   Language of the case: German
   
      Parties
   
   
      Applicant: Peter Reisenthel (Gilching, Germany) (represented by: E.A. Busse, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: initially by S. Schäffner, and subsequently by R. Manea and G. Schneider, Agents)
   
      Other party to the proceedings before the Board of Appeal of OHIM: Dynamic Promotion Co. Ltd (Bangkok, Thailand)
   
      Re:
   
   ACTION brought against the decision of the Third Board of Appeal of OHIM of 6 November 2009, as corrected by the decision of 10 December 2009 (Case R 621/2009-3), and against the decision of the Third Board of Appeal of OHIM of 22 March 2010 (Case R 621/2009-3), concerning invalidity proceedings between Peter Reisenthel and Dynamic Promotion Co. Ltd.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Annuls the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 22 March 2010 (Case R 621/2009-3) insofar as it concerns Peter Reisenthel’s request for correction of 23 December 2009;
            
         
               2.
            
            
               Dismisses the action as to the remainder;
            
         
               3.
            
            
               Orders each party to bear its own costs.
            
         
      (1)  OJ C 100, 17.4.2010.