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Document C2005/217/90
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)
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)
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)
IO C 217, 3.9.2005, p. 41–41
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
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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:
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1. |
The action is dismissed. |
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2. |
The applicant is ordered to pay the costs. |