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Case T-21/08: Action brought on 8 January 2008 — Evets v OHIM (QWIK TUNE)
ECLI:EU:UNKNOWN:62008TN0021
62008TN0021
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EN
Official Journal of the European Union
C 64/61
(Case T-21/08)
(2008/C 64/99)
Language of the case: English
Parties
Applicant: Evets Corporation (Irvine, United States) (represented by: S. Ryan, Solicitor)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
—That the decision R 604/2007– 4 of the Fourth Board of Appeal of 5 November 2007 be set aside;
—that an order be substituted that the application for restitutio in integrum was brought within the time-limits as prescribed by Article 78(2);
—that the matter be referred back to the Fourth Board of Appeal for them to deal with the substantive issue as to whether all due care was taken to renew the trade mark concerned;
—that the costs be borne by the defendant.
Pleas in law and main arguments
Community trade mark concerned: The figurative Community trade mark ‘QWIK TUNE’ for goods and services in classes 9 and 15 — application No 117 994
Decision of the Administration of Trade Marks and Legal Division: Refused the request for restitutio in integrum and declared the trade mark as deemed to have been cancelled
Decision of the Board of Appeal: Dismissed the appeal and declared the restitutio in integrum request as deemed not to have been filed
Pleas in law: The pleas in law and main arguments relied on by the applicant are identical or similar to those relied on in Case T-20/08, Evets/OHIM (DANELECTRO).