Order of the Court of First Instance (Sixth Chamber) of 10 February 2009 – Okalux v OHIM – Ondex (ONDACELL)

(Case T-126/08)

Community trade mark – Opposition proceedings – Failure to pay the opposition fee – Decision deeming the opposition non-existent – Action manifestly devoid of any legal basis

Community trade mark – Registration procedure – Observation of third parties and opposition (Commission Regulation No 2869/95, Arts 5 and 8) (see paras 27-28, 35)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 22 January 2008 (Case R 1384/2007‑4) regarding opposition proceedings between Okalux GmbH and Ondex SAS.

Operative part

The Court:

1. Dismisses the action;

2. Orders Okalux GmbH to pay the costs.