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Judgment of the General Court (First Chamber) of 20 April 2010. # Rodd & Gunn Australia Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Figurative Community trade mark representing a dog - Cancellation of the mark upon expiry of the registration - Request for renewal of the mark - Application for restitutio in integrum - Article 78 of Regulation (EC) No 40/94 (now Article 81 of Regulation (EC) No 207/2009). # Case T-187/08.
ECLI:EU:T:2010:150
62008TJ0187
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(Case T-187/08)
Community trade mark – Figurative Community trade mark representing a dog – Cancellation of the mark upon expiry of the registration – Request for renewal of the mark – Application for restitutio in integrum – Article 78 of Regulation (EC) No 40/94 (now Article 81 of Regulation (EC) No 207/2009)
Community trade mark – Procedural provisions – Restitutio in integrum (Council Regulation No 40/94, Art. 78(1)) (see para. 29)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 12 March 2008 (Case R 1245/2007-4) relating to an application for restitutio in integrum.
Information relating to the case
Community trade mark sought:
Figurative mark consisting of a representation of a dog for goods in Classes 16, 18, and 25 – Community trade mark No 339218
Decision of the Trade Marks and Register Department:
Application for restitutio in integrum dismissed
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.Dismisses the action;
2.Orders Rodd & Gunn Australia Ltd to pay the costs.