Action brought on 19 November 2007 - Okalux v OHIM - Messe Düsseldorf (OKATECH)

(Case T-419/07)

Language in which the application was lodged: German

Parties

Applicant: Okalux GmbH (Marktheidenfeld, Germany) (represented by: M. Beckensträter, 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: Messe Düsseldorf GmbH

Form of order sought

Annul the decision of the Second Board of Appeal of 3 September 2007 in Case R 766/2007-2, notified on 18 September 2007, and dismiss the application for partial revocation of 16 December 2006 of Community trade mark No 915 058 for the reasons stated in the appeal of 16 May 2007;

Alternatively, refer the case back for decision on the appeal of 16 May 2007 to the Cancellation Division;

Order the defendant or the other parties to the proceedings before the Board of Appeal to pay the reimbursable costs, including the costs of the main proceedings.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: the word mark 'OKATECH' for goods and services in classes 6, 19 and 42 (Community trade mark No 915 058).

Proprietor of the Community trade mark: Okalux GmbH

Applicant for the declaration of invalidity: Messe Düssseldorf GmbH

Decisions of the Cancellation Division: Declaration of the invalidity of the trade mark concerned for services in class 42; revocation of that decision with regard to the costs.

Decision of the Board of Appeal: Dismissal of the appeal as inadmissible.

Pleas in law: In particular, infringement of Article 57 and 77a of Regulation (EC) No 40/94 ¹ and violation of the right to be heard.

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¹ - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).