Order of the General Court of 16 February 2011 - Lux Management Holding SA v OHIM - Zeis Excelsa (KULTE)
(Community trade mark - Application for a declaration of invalidity - Agreement for co-existence of the marks and withdrawal of the application for a declaration of invalidity - No need to adjudicate)
Language of the case: English
Parties
Applicant: Lux Management Holding SA (Luxembourg, Luxembourg) (represented by: S. Mas, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Zeis Excelsa SpA (Montegranaro, Italy)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 15 January 2010 (Case R 712/2008-4) concerning proceedings between Zeis Excelsa SpA and Lux Management Holding SA for a declaration of invalidity
Operative part of the order
1. There is no longer any need to adjudicate on the action.
2. Lux Management Holding SA shall pay the costs.
____________1 - OJ C 134, 22.5.2010.