Action brought on 20 March 2008 - Okalux v OHIM - Ondex (ONDACELL)
(Case T -126/08)
Language in which the application was lodged: German
Parties
Applicant: Okalux GmbH (Marktheidenfeld, Germany) (represented by: M. Beckensträter, Rechtsanwältin)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal of OHIM: Ondex S.A.S.
Form of order sought
Annul the decision of the Fourth Board of Appeal of 22 January 2008, received on 24 January 2008, and declare that the opposition of 29 August 2006 is admissible;
order the defendant to pay the allowable costs, including the costs of the original proceedings (including the costs of the intervener).
Pleas in law and main arguments
Applicant for a Community trade mark: Ondex S.A.S.
Community trade mark concerned: The trade mark 'ONDACELL' for goods and services in Classes 6, 17 and 19 (application No 4 755 971).
Proprietor of the mark or sign cited in the opposition proceedings: The applicant.
Decision of the Opposition Division: The notice of opposition is deemed not to have been entered.
Decision of the Board of Appeal: Rejection of the appeal.
Pleas in law: Infringement of Articles 5 and 8 of Regulation (EC) No 2869/95,
1 Decision No EX-96-1
2 and Communication No 5/96
3.
____________1 - Commission Regulation (EC) No 2869/95 of 13 December 1995 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs) (OJ 1995 L 303, p. 33)2 - Decision No EX-96-1 of the President of the Office of 11 January 1996 concerning the conditions for opening current accounts at the Office (OHIM OJ 1996, 48)3 - Communication No 5/96 of the President of the Office, of 8 August 1996, concerning current accounts (OHIM OJ 1996, 1461)