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:
Dismisses the action;
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);
Orders the intervener to pay its own costs.
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