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Order of the Court of First Instance (Sixth Chamber) of 10 February 2009. # Okalux GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Failure to pay the opposition fee - Decision deeming the opposition non-existent - Action manifestly devoid of any legal basis. # Case T-126/08.

ECLI:EU:T:2009:32

62008TO0126

February 10, 2009

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(Case T-126/08)

Community trade mark – Opposition proceedings – Failure to pay the opposition fee – Decision deeming the opposition non-existent – Action manifestly devoid of any legal basis

Community trade mark – Registration procedure – Observation of third parties and opposition (Commission Regulation No 2869/95, Arts 5 and 8) (see paras 27-28, 35)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 22 January 2008 (Case R 1384/2007‑4) regarding opposition proceedings between Okalux GmbH and Ondex SAS.

Operative part

The Court:

1.Dismisses the action;

2.Orders Okalux GmbH to pay the costs.

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