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Valentina R., lawyer
(Case T-326/11)(1)
(Community trade mark - Community word mark BrainLAB - Failure to apply for renewal of the registration of the trade mark - Removal of the trade mark from the register on expiry of registration - Application for restitutio in integrum - Article 81 of Regulation (EC) No 207/2009)
2012/C 165/32
Language of the case: German
Applicant: Brainlab AG (Feldkirchen, Germany) (represented by: J. Bauer, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: R. Manea, acting as Agent)
Action brought against the decision of the Fourth Board of Appeal of OHIM of 15 April 2011 (Case R 1596/2010-4), relating to the application for restitutio in integrum and to the application for the renewal of the registration of the trade mark BrainLAB made by the applicant.
The Court:
1.Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 15 April 2011 (Case R 1596/2010-4);
2.Orders each party to bear its own costs.
(1)
OJ C 269, 10.9.2011.