Order of the Court of First Instance (Eighth Chamber) of 14 July 2009 – Hoo Hing v OHIM – Tresplain Investments (Golden Elephant Brand)

(Case T-300/08)

Community trade mark – Invalidity proceedings – Article 63(4) of Regulation (EC) No 40/94 (now Article 65(4) of Regulation (EC) No 207/2009) – Act which upheld the applicant’s claims in their entirety – Inadmissibility

Community trade mark – Appeals procedure – Persons entitled to appeal and to be parties to the proceedings – Persons whose claims not upheld by a decision (Council Regulation No 40/94, Art. 63(4)) (see paras 30-32)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 7 May 2008 (Case R 889/2007-1) relating to invalidity proceedings between Hoo Hing Holdings Ltd and Tresplain Investments Ltd.

Information relating to the case

Registered Community trade mark subject of the application for a declaration of invalidity:	The figurative mark ‘Golden Elephant Brand’ for goods in Class 30 – Community trade mark registration No 241810
Proprietor of the Community trade mark:	Tresplain Investments Ltd
Party requesting the declaration of invalidity of the Community trade mark:	Hoo Hing Holdings Ltd
Trade mark right of the party requesting the declaration of invalidity:	The unregistered figurative mark ‘GOLDEN ELEPHANT’, which had been in use in the United Kingdom
Decision of the Cancellation Division:	Rejection of the application for a declaration of invalidity
Decision of the Board of Appeal:	Annulment of the decision of the Cancellation Division

Operative part

1. The action is dismissed as inadmissible.

2. Hoo Hing Holdings Ltd is ordered to pay the costs.