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Order of the Court of First Instance (Eighth Chamber) of 14 July 2009. # Hoo Hing Holdings Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Invalidity proceedings - Article 63(4) of Regulation (EC) No 40/94 (now Article 65(4) of Regulation (EC) No 207/2009) - Act which upheld the applicant’s claims in their entirety - Inadmissibility. # Case T-300/08.
ECLI:EU:T:2009:275
62008TO0300
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(Case T-300/08)
Community trade mark – Invalidity proceedings – Article 63(4) of Regulation (EC) No 40/94 (now Article 65(4) of Regulation (EC) No 207/2009) – Act which upheld the applicant’s claims in their entirety – Inadmissibility
Community trade mark – Appeals procedure – Persons entitled to appeal and to be parties to the proceedings – Persons whose claims not upheld by a decision (Council Regulation No 40/94, Art. 63(4)) (see paras 30-32)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 7 May 2008 (Case R 889/2007-1) relating to invalidity proceedings between Hoo Hing Holdings Ltd and Tresplain Investments Ltd.
Information relating to the case
Registered Community trade mark subject of the application for a declaration of invalidity:
The figurative mark ‘Golden Elephant Brand’ for goods in Class 30 – Community trade mark registration No 241810
Proprietor of the Community trade mark:
Tresplain Investments Ltd
Party requesting the declaration of invalidity of the Community trade mark:
Trade mark right of the party requesting the declaration of invalidity:
The unregistered figurative mark ‘GOLDEN ELEPHANT’, which had been in use in the United Kingdom
Decision of the Cancellation Division:
Rejection of the application for a declaration of invalidity
Decision of the Board of Appeal:
Annulment of the decision of the Cancellation Division
Operative part
1.The action is dismissed as inadmissible.
2.Hoo Hing Holdings Ltd is ordered to pay the costs.