Order of the Court of First Instance of 14 July 2009 - Hoo Hing v OHIM - Tresplain Investments (Golden Elephant Brand)
(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)
Language of the case: English
Parties
Applicant: Hoo Hing Holdings Ltd (Romford, Essex, United Kingdom) (represented by: M. Edenborough, barrister)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Novais Gonçalves, Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Tresplain Investments Ltd (Tsing Yi, Hong Kong) (represented by: D. McFarland, barrister)
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.
Operative part of the order
1. The action is dismissed as inadmissible.
2. Hoo Hing Holdings Ltd is ordered to pay the costs.
____________1 - OJ C 247, 27.9.2008.