Action brought on 5 February 2010 - Riesenthel v OHIM - Dynamic Promotion (Hampers, crates and baskets)
(Case T-53/10)
Language in which the application was lodged: German
Parties
Applicant: Peter Riesenthel (Gilching, Germany) (represented by: E. Aliki Busse, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal of OHIM: Dynamic Promotion Co. Ltd (Bangkok, Thailand)
Form of order sought
- Annul the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 6 November 2009 and 10 December 2009 (Case R 621/2009-3);
- in the alternative, order restitutio in integrum in relation to the applicant;
- order OHIM to pay the costs.
Pleas in law and main arguments
Registered Community trade mark in respect of which a declaration of invalidity has been sought: Community design No 217955 0001 for 'Hampers, crates and baskets'
Proprietor of the Community trade mark: Dynamic Promotion Co. Ltd
Applicant for the declaration of invalidity: Peter Riesenthel
Decision of the Cancellation Division: Dismissal of the application for a declaration of invalidity
Decision of the Board of Appeal: Rejection of the appeal as inadmissible
Pleas in law: Infringement of the right to be heard and incorrect exercise of discretion by the Board of Appeal
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