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Case T-53/10: Judgment of the General Court of 18 October 2011 — Reisenthel v OHIM — Dynamic Promotion (Hampers, crates and baskets) (Community design — Invalidity proceedings — Rejection of the application for a declaration of invalidity by the Invalidity Division — Notification of the Invalidity Division’s decision by fax — Appeal before the Board of Appeal — Written statement setting out the grounds of appeal — Period for submission — Admissibility of the appeal — Article 57 of Regulation (EC) No 6/2002 — Correction of a decision — Article 39 of Regulation (EC) No 2245/2002 — General principle of law authorising the withdrawal of an unlawful decision)
ECLI:EU:UNKNOWN:62010TA0053
62010TA0053
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26.11.2011
Official Journal of the European Union
C 347/29
(Case T-53/10)(1)
(Community design - Invalidity proceedings - Rejection of the application for a declaration of invalidity by the Invalidity Division - Notification of the Invalidity Division’s decision by fax - Appeal before the Board of Appeal - Written statement setting out the grounds of appeal - Period for submission - Admissibility of the appeal - Article 57 of Regulation (EC) No 6/2002 - Correction of a decision - Article 39 of Regulation (EC) No 2245/2002 - General principle of law authorising the withdrawal of an unlawful decision)
2011/C 347/45
Language of the case: German
Parties
Applicant: Peter Reisenthel (Gilching, Germany) (represented by: E.A. Busse, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: initially by S. Schäffner, and subsequently by R. Manea and G. Schneider, Agents)
Other party to the proceedings before the Board of Appeal of OHIM: Dynamic Promotion Co. Ltd (Bangkok, Thailand)
Re:
ACTION brought against the decision of the Third Board of Appeal of OHIM of 6 November 2009, as corrected by the decision of 10 December 2009 (Case R 621/2009-3), and against the decision of the Third Board of Appeal of OHIM of 22 March 2010 (Case R 621/2009-3), concerning invalidity proceedings between Peter Reisenthel and Dynamic Promotion Co. Ltd.
Operative part of the judgment
The Court:
1.Annuls the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 22 March 2010 (Case R 621/2009-3) insofar as it concerns Peter Reisenthel’s request for correction of 23 December 2009;
2.Dismisses the action as to the remainder;
3.Orders each party to bear its own costs.
(1) OJ C 100, 17.4.2010.