Order of the Court of First Instance of 30 October 2009 - Sun World International v OHIM - Kölla Hamburg (SUPERIOR SEEDLESS)
(Community trade mark - Partial surrender of registration - No need to adjudicate)
Language of the case: English
Parties
Applicant: Sun World International LLC (Bakersfield, California, United States) (represented by: M. Holah, Solicitor)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court of First Instance: Kölla Hamburg Overseas Import GmbH & Co. KG (Hamburg, Germany) (represented by: C. Lemke, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 3 September 2008 (Case R 1378/2007-1), relating to invalidity proceedings between Kölla Hamburg Overseas Import GmbH & Co. KG and Sun World International LLC.
Operative part of the order
1. There is no longer any need to adjudicate on the action.
2. Sun World International LLC shall bear its own costs and pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and by Kölla Hamburg Overseas Import GmbH & Co. KG.
____________1 - OJ C 19, 24.1.2009.