Action brought on 5 February 2010 - Riesenthel v OHIM - Dynamic Promotion (Hampers, crates and baskets)

(Case T-53/10)

Language in which the application was lodged: German

Parties

Applicant: Peter Riesenthel (Gilching, Germany) (represented by: E. Aliki Busse, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM: Dynamic Promotion Co. Ltd (Bangkok, Thailand)

Form of order sought

-    Annul the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 6 November 2009 and 10 December 2009 (Case R 621/2009-3);

-    in the alternative, order restitutio in integrum in relation to the applicant;

-    order OHIM to pay the costs.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: Community design No 217955 0001 for 'Hampers, crates and baskets'

Proprietor of the Community trade mark: Dynamic Promotion Co. Ltd

Applicant for the declaration of invalidity: Peter Riesenthel

Decision of the Cancellation Division: Dismissal of the application for a declaration of invalidity

Decision of the Board of Appeal: Rejection of the appeal as inadmissible

Pleas in law: Infringement of the right to be heard and incorrect exercise of discretion by the Board of Appeal

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