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Case C-479/09 P: Judgment of the Court (Fifth Chamber) of 30 September 2010 — Evets Corp. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Word mark DANELECTRO — Figurative mark QWIK TUNE — Request for renewal of registration of the trade mark — Application for restitutio in integrum — Failure to observe the time-limit for submitting the request for renewal of registration of the trade mark)
ECLI:EU:UNKNOWN:62009CA0479
62009CA0479
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Official Journal of the European Union
C 317/11
(Case C-479/09 P) (<span class="super">1</span>)
(Appeal - Community trade mark - Word mark DANELECTRO - Figurative mark QWIK TUNE - Request for renewal of registration of the trade mark - Application for restitutio in integrum - Failure to observe the time-limit for submitting the request for renewal of registration of the trade mark)
2010/C 317/20
Language of the case: English
Parties
Appellant: Evets Corp. (represented by: S. Ryan, Solicitor)
Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
Re:
Appeal against the judgment of the Court of First Instance (First Chamber) of 23 September 2009 in Joined Cases T-20/08 and T-21/08 Evets v OHIM, by which that Court dismissed an action for annulment of the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 5 November 2007 in Case R 603/2007-4 dismissing the appeal against the decision of the Administration of Trade Marks and Legal Division and declaring that the application for restitutio in integrum filed by the appellant with a view to having its rights regarding the renewal of the word mark ‘DANELECTRO’ re-established was deemed not to have been filed on account of lateness — Failure to observe the time-limit for submitting the request for renewal of the trade marks
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders Evets Corp. to pay the costs.
(<span class="super">1</span>) OJ C 24, 30.01.2010.