Order of the Court of First Instance of 10 February 2009 - Okalux v OHIM - Ondex (ONDACELL)
(Community trade mark - Opposition proceedings - Failure to pay the opposition fee - Decision deeming the opposition non-existent - Action manifestly devoid of any legal basis)
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: G. Schneider, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Ondex SAS (Chevigny-Saint-Sauveur, France)
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 of the order
1. The action is dismissed.
2. Okalux GmbH is ordered to pay the costs.
____________1 - OJ C 116, 9.5.2008.