(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:

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.