(Case T-510/08)

Community trade mark – Revocation proceedings – Community word mark TOCQUEVILLE 13 – Failure to comply with the time-limit for appealing against a revocation decision – 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); Commission Regulation No 2868/95, Art. 1, Rule 77) (see paras 58-63)

Re:

ACTION brought against the decision of 26 August 2008 of the Second Board of Appeal of OHIM (Case R 829/2008-2) concerning the applicant’s application for restitutio in integrum.

Information relating to the case

Registered Community trade mark subject to an action for revocation:

Word mark TOCQUEVILLE 13 to designate goods and services in Classes 25, 41 and 42 – Community trade mark No 1406982

Proprietor of the Community trade mark:

Party requesting the revocation of the Community trade mark:

Marco Schiesaro

Contested decision by the Board of Appeal:

Decision of the Cancellation Division to grant the application for partial revocation of the trade mark in question

Decision of the Board of Appeal:

Declaration that the appeal is inadmissible and rejection of a request for restitutio in integrum as regards the time-limit for filing an appeal against the decision of the Cancellation Division

Operative part

The Court:

1.Dismisses the action;

2.Orders Toqueville Srl to pay the costs.