Language of document :

Notice for the OJ

 

     JUDGMENT OF THE COURT OF FIRST INSTANCE

     17 September 2003

in Case T-71/02: Classen Holding KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)(1)

    (Community trade mark ( Admissibility of appeal before the Board of Appeal ( Formal requirements ( Filing of a written statement setting out the grounds of appeal ( Time-limit for applying for restitutio in

integrum ( Articles 59 and 78 of Regulation No 40/94)

    Language of the case: English

In Case T-71/02, Classen Holding KG, established in Essen (Germany), represented by S. von Petersdorff-Campen, lawyer, with an address for service in Luxembourg, v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agent: S. Laitinen), the intervener before the Court of First Instance being International Paper Co., established in New York, New York (United States of America), represented by E. Armijo Chávarri, lawyer: Action brought against the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 December 2001 (Case R 810/1999-2) declaring inadmissible, following rejection of the application for restitutio in integrum, the appeal brought against the decision of the Opposition Division in opposition proceedings between Classen Holding KG and International Paper Co., the Court of First Instance (Fourth Chamber), composed of: V. Tiili, President, P. Mengozzi and M. Vilaras, Judges; J. Plingers, Administrator, for the Registrar, has given a judgment on 17 September 2003, in which it:

1.Dismisses the application;

2.Orders the applicant to pay the costs.

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1 - OJ C 156 of 29.6.2002