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Case T-187/08: Judgment of the General Court of 20 April 2010 — Rodd & Gunn Australia v OHIM (Representation of a dog) (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))
ECLI:EU:UNKNOWN:62008TA0187
62008TA0187
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5.6.2010
Official Journal of the European Union
C 148/27
(Case T-187/08)(1)
(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))
2010/C 148/47
Language of the case: English
Parties
Applicant: Rodd & Gunn Australia Ltd (Wellington, New Zealand) (represented by: B. Brandreth, Barrister, and N. Jenkins, Solicitor)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: Ó. Mondéjar Ortuño, acting as Agent)
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.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Rodd & Gunn Australia Ltd to pay the costs.
(1)
OJ C 171, 5.7.2008.