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Judgment of the General Court (Eighth Chamber) of 15 September 2011. # Romuald Prinz Sobieski zu Schwarzenberg v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark Romuald Prinz Sobieski zu Schwarzenberg - Earlier national word mark JAN III SOBIESKI and earlier national figurative mark JAN III Sobieski - Failure to comply with the obligation to pay the application fee or to do so by bank transfer within the period prescribed - Decision of the Board of Appeal declaring the action to be unfounded - Article 8(3) of Regulation (EC) No 2869/95 - Application for restitutio in integrum - Lack of exceptional or unforeseeable circumstances - Article 81 of Regulation (EC) No 207/2009. # Case T-271/09.
ECLI:EU:T:2011:478
62009TJ0271
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(Case T-271/09)
Community trade mark – Opposition proceedings – Application for Community word mark Romuald Prinz Sobieski zu Schwarzenberg – Earlier national word mark JAN III SOBIESKI and earlier national figurative mark JAN III Sobieski – Failure to comply with the obligation to pay the application fee or to do so by bank transfer within the period prescribed – Decision of the Board of Appeal declaring the action to be unfounded – Article 8(3) of Regulation (EC) No 2869/95 – Application for restitutio in integrum – Lack of exceptional or unforeseeable circumstances – Article 81 of Regulation (EC) No 207/2009
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 13 May 2009 (Case R 771/2008-4), relating to opposition proceedings between British-American Tobacco Polska S.A. and Romuald Sobieski zu Schwarzenberg.
Operative part
The Court:
1.Dismisses the action;
2.Orders Romuald Prinz Sobieski zu Schwarzenberg to pay the costs.