Order of the Court of First Instance of 19 November 2008 - Ralf Schräder v OHIM - (SUMCOL 01)
(Community plant variety rights - Plant variety SUMCOL 01 - Rejection of the application for a Community plant variety right - Lack of distinctive character of the candidate variety)
Language of the case: German
Parties
Applicant: Ralf Schräder (Lüdinghausen - Germany) (represented by: initially by T. Leidereiter, W.-A. Schmidt and I. Memmler, and later by T. Leidereiter and W.-A. Schmidt, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: B. Kiewiet and M. Ekvad, Agents, assisted by G. Schohe, lawyer)
Re:
ACTION against the decision of the Board of Appeal of the CPVO of 2 May 2006 (Case A 003/2004), concerning an application for Community plant variety rights in respect of the plant variety SOMCOL 01
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Mr Ralf Schräder to pay the costs.
____________1 - OJ C 212, 2.9.2006.