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Judgment of the General Court (Sixth Chamber) of 28 June 2012. # Constellation Brands, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Word mark COOK’S - Failure to apply for renewal of the mark - Cancellation of the mark upon expiry of the registration - Application for restitutio in integrum - Article 81 of Regulation (EC) No 207/2009. # Case T-314/10.

ECLI:EU:T:2012:329

62010TJ0314

June 28, 2012

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(Case T-314/10)

Community trade mark — Word mark COOK’S — Failure to apply for renewal of the mark — Cancellation of the mark upon expiry of the registration — Application for restitutio in integrum — Article 81 of Regulation (EC) No 207/2009

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 29 April 2010 (Case R 1048/2009-1) in so far as it dismissed the application for restitutio in integrum.

Operative part

The Court:

1.Dismisses the action;

2.Orders Constellation Brands, Inc., to pay the costs.

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