Order of the Court of First Instance (First Chamber) of 6 September 2006 – Hensotherm v OHIM – Hensel (HENSOTHERM)

(Case T-366/04)

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

Community trade mark – Appeals procedure – Time-limit and form of appeal (Council Regulation No 40/94, Art. 59; Commission Regulation No 2868/95, Art. 1, Rule 49) (see paras 32-33, 57)

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.

Information relating to the case

Registered Community trade mark subject to an action for cancellation:	Figurative mark HENSOTHERM for goods in Classes 2 and 17 – Community trade mark No 357863
Proprietor of the Community trade mark:	Hensotherm AB
Party bringing the action for cancellation:	Rudolf Hensel GmbH
Trade mark of the applicant for cancellation:	National word mark HENSOTHERM (No 213672) for goods in Class 2
Decision of the Cancellation Division:	Annulment of the Community trade mark
Decision of the Board of Appeal:	Dismissal of the action

Operative part

The Court:

1. Dismisses the action;

2. Orders the applicant to pay its own costs as well as those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs);

3. Orders the intervener to pay its own costs.