Order of the Court of First Instance of 27 October 2008 - S.C. Gerovital Cosmetics v OHIM - S.C. Farmec (GEROVITAL H3 Prof. Dr. A. Aslan)
(Community trade mark - Invalidity proceedings - Withdrawal of the application for a declaration of invalidity - No need to adjudicate)
Language of the case: English
Parties
Applicant: S.C. Gerovital Cosmetics S.A. (Ilfov County, Romania) (represented by: D. Boştină, lawyer)
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, intervening before the Court of First Instance: S.C. Farmec S.A. (Cluj Napoca, Romania) (represented by: G. Turcu and M. Rosu, lawyers)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 27 February 2007 (Case R 271/2006-2) relating to invalidity proceedings between S.C. Farmec S.A. and S.C. Gerovital Cosmetics S.A..
Operative part of the order
1. There is no longer any need to adjudicate on the present action.
2. S.C. Gerovital Cosmetics S.A. and S.C. Farmec S.A. shall each bear their own costs and half of those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
____________1 - OJ C 183, 4.8.2007.