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Case T-314/10: Order of the General Court of 28 June 2012 — Constellation Brands v OHIM (COOK’S) (Community trade mark — Word mark COOK’S — Failure to apply for renewal of the mark — Cancellation of the mark upon expiry of the registration — Application for restitutio in integrum — Article 81 of Regulation (EC) No 207/2009)

ECLI:EU:UNKNOWN:62010TA0314

62010TA0314

June 28, 2012
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11.8.2012

Official Journal of the European Union

C 243/17

(Case T-314/10)(<span class="super">1</span>)

(Community trade mark - Word mark COOK’S - Failure to apply for renewal of the mark - Cancellation of the mark upon expiry of the registration - Application for restitutio in integrum - Article 81 of Regulation (EC) No 207/2009)

2012/C 243/32

Language of the case: English

Parties

Applicant: Constellation Brands, Inc. (Fairport, United States of America) (represented by: B. Brandreth, Barrister)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis and V. Melgar, acting as Agents)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 29 April 2010 (Case R 1048/2009-1) in so far as it dismissed the application for restitutio in integrum

Operative part of the order

1.Dismisses the action.

2.Orders Constellation Brands, Inc., to pay the costs.

(<span class="super">1</span>) OJ C 260, 25.9.2010.

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