This document is an excerpt from the EUR-Lex website
Document 62004TO0366
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 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 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.
European Court Reports 2006 II-00065*
ECLI identifier: ECLI:EU:T:2006:240
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. |