Judgment of the Court of First Instance of 1 July 2009 - Okalux v OHIM - Messe Düsseldorf (OKATECH)
(Community trade mark - Forfeiture proceedings - Community word mark OKATECH - Partial revocation - Period allowed for appeal - Articles 57 and 77a of Regulation (EC) No 40/94 (now Articles 58 and 80 of Regulation (EC) No 207/2009) - Principles of protection of legitimate expectations and legal certainty - Right to a hearing)
Language of the case: German
Parties
Applicant: Okalux GmbH (Marktheidenfeld, Germany) (represented by: M. Beckensträter, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Messe Düsseldorf GmbH (Düsseldorf, Germany) (represented initially by: I Friedhoff, and subsequently by: S. von Petersdorff-Campen, lawyers)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 3 September 2007 (Case R 766/2007-2) concerning forfeiture proceedings between Messe Düsseldorf GmbH and Okalux GmbH.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Okalux GmbH to pay the costs.
____________1 - OJ C 8, 12.1.2008.