Judgment of the Court of First Instance of 17 March 2009 - Laytoncrest v OHIM - Erico (TRENTON)
(Community trade mark - Opposition proceedings - Application for the Community word mark TRENTON - Earlier Community word mark LENTON - Right to be heard - Article 73 of Regulation (EC) No 40/94 and Rule 54 of Regulation (EC) No 2868/95 - No withdrawal of the trade mark application - Article 44(1) of Regulation No 40/94 - Obligation to rule on the basis of the available evidence - Rule 20(3) and Rule 50(1) of Regulation No 2868/95)
Language of the case: Greek
Parties
Applicant: Laytoncrest Ltd (London, United Kingdom) (represented by: N. Dontas and P. Georgopoulou, lawyers)
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, intervener before the Court of First Instance: Erico International Corp. (Solon, Ohio, United States) (represented by: M. Samer, O. Gillert and F. Schiwek, lawyers)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 26 April 2006 (Case R 406/2004-2) relating to opposition proceedings between Erico International Corp. and Laytoncrest Ltd.
Operative part of the judgment
The Court of First Instance:
Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 26 April 2006 (R 406/2004-2);
Orders OHIM to bear its own costs and to pay those incurred by Laytoncrest Ltd;
Orders Erico International Corp. to bear its own costs.
____________1 - OJ C 212, 2.9.2006.