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Case T-130/10: Order of the General Court of 16 February 2011 — Lux Management Holding SA v OHIM — Zeis Excelsa (KULTE) (Community trade mark — Application for a declaration of invalidity — Agreement for co-existence of the marks and withdrawal of the application for a declaration of invalidity — No need to adjudicate)
ECLI:EU:UNKNOWN:62010TB0130
62010TB0130
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9.4.2011
Official Journal of the European Union
C 113/13
(Case T-130/10)(<span class="super">1</span>)
(Community trade mark - Application for a declaration of invalidity - Agreement for co-existence of the marks and withdrawal of the application for a declaration of invalidity - No need to adjudicate)
2011/C 113/26
Language of the case: English
Parties
Applicant: Lux Management Holding SA (Luxembourg, Luxembourg) (represented by: S. Mas, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Zeis Excelsa SpA (Montegranaro, Italy)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 15 January 2010 (Case R 712/2008-4) concerning proceedings between Zeis Excelsa SpA and Lux Management Holding SA for a declaration of invalidity
Operative part of the order
1.There is no longer any need to adjudicate on the action.
2.Lux Management Holding SA shall pay the costs.
(<span class="super">1</span>) OJ C 134, 22.5.2010.