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Case T-53/10: Action brought on 5 February 2010 — Riesenthel v OHIM — Dynamic Promotion (Hampers, crates and baskets)
ECLI:EU:UNKNOWN:62010TN0053
62010TN0053
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17.4.2010
Official Journal of the European Union
C 100/56
(Case T-53/10)
2010/C 100/83
Language in which the application was lodged: German
Parties
Applicant: Peter Riesenthel (Gilching, Germany) (represented by: E. Aliki Busse, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal of OHIM: Dynamic Promotion Co. Ltd (Bangkok, Thailand)
Form of order sought
—Annul the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 6 November 2009 and 10 December 2009 (Case R 621/2009-3);
—in the alternative, order restitutio in integrum in relation to the applicant;
—order OHIM to pay the costs.
Pleas in law and main arguments
Registered Community trade mark in respect of which a declaration of invalidity has been sought: Community design No 2 179 550 001 for ‘Hampers, crates and baskets’
Proprietor of the Community trade mark: Dynamic Promotion Co. Ltd
Applicant for the declaration of invalidity: Peter Riesenthel
Decision of the Cancellation Division: Dismissal of the application for a declaration of invalidity
Decision of the Board of Appeal: Rejection of the appeal as inadmissible
Pleas in law: Infringement of the right to be heard and incorrect exercise of discretion by the Board of Appeal