Judgment — ECLI:EU:T:2003:234
Date: 2003-09-17
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Restitutio in integrum;Appeals before the Boards of Appeal
Procedure: Action for annulment - unfounded
Origin: Germany

Summary of the Judgment 
1. Community trade mark — Provisions governing procedure — Restitutio in integrum 
— Time-limit for appeal — Starting point 
(Council Regulation No 40/94, Art. 78(2)) 
2. Community trade mark — Provisions governing procedure — Restitutio in integrum 
— Appeal — Formal requirements 
(Council Regulation No 40/94, Art. 78(1) and (3» 
II-3181 
SUMMARY — CASE T-71/02 
3. Community trade mark — Appeal procedure — Time-limit and form of the 
appeal — Statement of grounds to be filed within the time-limit — Conditions of 
admissibility 
(Council Regulation No 40/94, Art. 59; Commission Regulation No 2868/95, Art. 1, 
Rule 49) 
1. The two-month period stipulated in 
Article 78(2) of Regulation No 40/94 
on the Community trade mark for 
bringing an application for the re-es­
tablishment of rights (restitutio in inte­
grum) starts to run from the removal of 
the impediment which prevented the 
applicant from complying with a time-
limit in relation to the Office for 
Harmonisation in the Internal Market 
(Trade Marks and Designs), and not 
from the date on which the Office gives 
notification of a delay which may have 
occurred in the step having to be taken. 
(see para. 41) 
2. It is clear from Article 78(1) and (3) of 
Regulation No 40/94 on the Commu­
nity trade mark that an application for 
the re-establishment of rights must be 
submitted in an application stating the 
grounds on which it is based and 
setting out the facts on which it relies. 
In addition, an application for the 
re-establishment of rights must be 
made by a separate act, distinct from 
the act by which the appeal is brought. 
(see para. 44) 
3. Having regard to the combined provi­
sions of Article 59 of Regulation 
No 40/94 on the Community trade 
mark and rule 49 of Regulation 
No 2868/95 implementing Regulation 
No 40/94, it a condition for the 
admissibility of an appeal before the 
Office for Harmonisation in the Inter­
nal Market (Trade Marks and Designs) 
that a statement setting out the grounds 
of appeal be filed within four months 
of notification of the contested 
decision. 
(see paras 53-54) 
II - 3182