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Case T-126/08: Order of the Court of First Instance of 10 February 2009 — Okalux v OHIM — Ondex (ONDACELL) (Community trade mark — Opposition proceedings — Failure to pay the opposition fee — Decision deeming the opposition non-existent — Action manifestly devoid of any legal basis)
ECLI:EU:UNKNOWN:62008TB0126
62008TB0126
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4.4.2009
Official Journal of the European Union
C 82/24
(Case T-126/08)
(Community trade mark - Opposition proceedings - Failure to pay the opposition fee - Decision deeming the opposition non-existent - Action manifestly devoid of any legal basis)
(2009/C 82/43)
Language of the case: German
Parties
Applicant: Okalux GmbH (Marktheidenfeld, Germany) (represented by: M. Beckensträter, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Ondex SAS (Chevigny-Saint-Sauveur, France)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 22 January 2008 (Case R 1384/2007-4) regarding opposition proceedings between Okalux GmbH and Ondex SAS.
Operative part of the order
1.The action is dismissed.
2.Okalux GmbH is ordered to pay the costs.
* * *
(1) OJ C 116, 9.5.2008.