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Order of the General Court (Sixth Chamber) of 13 September 2011. # ara AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition procedure - Failure to submit the statement of grounds of appeal to the Board of Appeal within the prescribed time-limit - Decision of the Board of Appeal rejecting an application for the full re-establishment of the applicant’s rights - Action manifestly lacking a legal basis. # Case T-397/10.
ECLI:EU:T:2011:464
62010TO0397
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(Case T-397/10)
Community trade mark – Opposition procedure – Failure to submit the statement of grounds of appeal to the Board of Appeal within the prescribed time-limit – Decision of the Board of Appeal rejecting an application for the full re‑establishment of the applicant’s rights – Action manifestly lacking a legal basis
Community trade mark – Procedural provisions – Restitutio in integrum – Conditions – Vigilance required by the circumstances – Exceptional, and thus unforeseeable, events – Human error by a qualified co-worker – Not included (Council Regulation No 207/2009, Art. 81(1)) (see paras 27, 29)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 23 June 2010 (Case R 1543/2009-1) concerning the applicant’s application for full re‑establishment of its rights.
Operative part
1.The application is dismissed as manifestly lacking a legal basis.
2.ara AG is ordered to pay the costs.