Order of the Court of First Instance of 6 September 2006 - Hensotherm v OHIM - Hensel (HENSOTHERM)
(Community trade mark - Cancellation proceedings - Community figurative and word mark HENSOTHERM - National word mark HENSOTHERM - Inadmissibility of the appeal against the decision conferring the cancellation- Time-limits - Restitutio in integrum)
Language of the case: Swedish
Parties
Applicant: Hensotherm AB (Trelleborg, Sweden) (represented by: S. Hallbäck, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Laitinen, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court of First Instance: Rudolf Hensel GmbH (Börnsen, Germany) (represented by: M. Zöbisch, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 12 July 2004 (Case R 614/2003-1), concerning proceedings for invalidity of the Community figurative mark HENSOTHERM.
Operative part of the order
1. The action is dismissed;
2. The applicant is ordered to pay its own costs as well as those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs);
3. The intervener is ordered to pay its own costs.
____________1 - OJ C 31, 5.2.2005.