This document is an excerpt from the EUR-Lex website
Document 62010TN0053
Case T-53/10: Action brought on 5 February 2010 — Riesenthel v OHIM — Dynamic Promotion (Hampers, crates and baskets)
Case T-53/10: Action brought on 5 February 2010 — Riesenthel v OHIM — Dynamic Promotion (Hampers, crates and baskets)
Case T-53/10: Action brought on 5 February 2010 — Riesenthel v OHIM — Dynamic Promotion (Hampers, crates and baskets)
IO C 100, 17.4.2010, pp. 56–57
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
|
17.4.2010 |
EN |
Official Journal of the European Union |
C 100/56 |
Action brought on 5 February 2010 — Riesenthel v OHIM — Dynamic Promotion (Hampers, crates and baskets)
(Case T-53/10)
2010/C 100/83
Language in which the application was lodged: German
Parties
Applicant: Peter Riesenthel (Gilching, Germany) (represented by: E. Aliki Busse, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal of OHIM: Dynamic Promotion Co. Ltd (Bangkok, Thailand)
Form of order sought
|
— |
Annul the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 6 November 2009 and 10 December 2009 (Case R 621/2009-3); |
|
— |
in the alternative, order restitutio in integrum in relation to the applicant; |
|
— |
order OHIM to pay the costs. |
Pleas in law and main arguments
Registered Community trade mark in respect of which a declaration of invalidity has been sought: Community design No 2 179 550 001 for ‘Hampers, crates and baskets’
Proprietor of the Community trade mark: Dynamic Promotion Co. Ltd
Applicant for the declaration of invalidity: Peter Riesenthel
Decision of the Cancellation Division: Dismissal of the application for a declaration of invalidity
Decision of the Board of Appeal: Rejection of the appeal as inadmissible
Pleas in law: Infringement of the right to be heard and incorrect exercise of discretion by the Board of Appeal