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Document 62008TO0300

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.

European Court Reports 2009 II-00127*

ECLI identifier: ECLI:EU:T:2009:275





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.

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