Language of document :

Order of the Court of First Instance of 6 September 2006 - Hensotherm v OHIM - Hensel (HENSOTHERM)

(Case T-366/04) 1

(Community trade mark - Cancellation proceedings - Community figurative and word mark HENSOTHERM - National word mark HENSOTHERM - Inadmissibility of the appeal against the decision conferring the cancellation- Time-limits - Restitutio in integrum)

Language of the case: Swedish

Parties

Applicant: Hensotherm AB (Trelleborg, Sweden) (represented by: S. Hallbäck, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Laitinen, Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court of First Instance: Rudolf Hensel GmbH (Börnsen, Germany) (represented by: M. Zöbisch, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 12 July 2004 (Case R 614/2003-1), concerning proceedings for invalidity of the Community figurative mark HENSOTHERM.

Operative part of the order

1.    The action is dismissed;

2.    The applicant is ordered to pay its own costs as well as those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs);

3.     The intervener is ordered to pay its own costs.

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1 - OJ C 31, 5.2.2005.