CELEX: 62009TJ0271
Community trade mark
Opposition proceedings
Application for Community word mark Romuald Prinz Sobieski zu Schwarzenberg
Earlier national word mark JAN III SOBIESKI and earlier national figurative mark JAN III Sobieski
Failure to comply with the obligation to pay the application fee or to do so by bank transfer within the period prescribed
Decision of the Board of Appeal declaring the action to be unfounded
Article 8(3) of Regulation (EC) No 2869/95
Application for restitutio in integrum
Lack of exceptional or unforeseeable circumstances
Article 81 of Regulation (EC) No 207/2009

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 13 May 2009 (Case R 771/2008-4), relating to
opposition proceedings between British-American Tobacco Polska S.A. and Romuald Sobieski zu Schwarzenberg.
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Romuald Prinz Sobieski zu Schwarzenberg to pay the costs.