Notice for the OJ
28 JUNE 2005158/04ERICH DRAZDANSKYOFFICE FOR HARMONISATION IN THE INTERNAL MARKET (TRADE MARKS AND DESIGNS) (OHIM)GERMANWIENER NEUSTADT (AUSTRIA)A.M. LEEBG. SCHNEIDERACTION AGAINST THE DECISION OF THE SECOND BOARD OF APPEAL OF OHIM OF 3 MARCH 2004 (CASE R 611/2003-2), RELATING TO OPPOSITION PROCEEDINGS BETWEEN MR DRAZDANSKY AND THE CONCENTRATE MANUFACTURING COMPANY OF IRELANDFOURTH CHAMBERH. LEGALP. LINDH AND V. VADAPALASH. JUNG
ORDER OF THE COURT OF FIRST INSTANCE
of 28 June 2005
in Case T-158/04 Erich Drazdansky v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) 1 (Community trade mark - Application for Community word mark 'UUP'S' - Earlier national word marks UP - Dismissal of the application for restitutio in integrum (re-establishment of rights) - Article 78(1) of Regulation (EC) No 40/94 - Action manifestly without legal substance)
(Language of the case: German)
In Case T-158/04: Erich Drazdansky, residing in Wiener Neustadt (Austria), represented by A.M. Leeb, lawyer, against Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agent: G. Schneider), the other party to the proceedings before the OHIM Board of Appeal, and intervener before the Court of First Instance, being The Concentrate Manufacturing Company of Ireland (Seven-Up International), established in Hamilton (Bermuda), represented by M. de Justo Bailey, lawyer ─ action brought against the decision of the Second Board of Appeal of OHIM of 3 March 2004 (Case R 611/2003-2) relating to opposition proceedings between Mr Drazdansky and The Concentrate Manufacturing Company of Ireland─ the Court of First Instance (Fourth Chamber), composed of H. Legal, President, P. Lindh and V. Vadapalas, Judges; H. Jung, Registrar, made an order on 28 June 2005, the operative part of which is as follows:
The action is dismissed.
The applicant is ordered to pay the costs.
____________1 - OJ C 217 of 28.8.2004.