Judgment — ECLI:EU:T:2012:329
Date: 2012-06-28
Language of the case: English
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Judgment of the General Court (Sixth Chamber) of 28 June 2012 — Constellation Brands v OHIM (COOK’S) (Case T‑314/10) Community trade mark — Word mark COOK’S — Failure to apply for renewal of the mark — Cancellation of the mark upon expiry of the registration — Application for restitutio in integrum — Article 81 of Regulation (EC) No 207/2009 1. Community trade mark — Procedural provisions — Restitutio in integrum — Conditions — Vigilance required by circumstances — Delegation of tasks concerning the renewal of a trade mark (Council Regulation No 207/2009, Art. 81(1)) (see paras 17-18) 2. Community trade mark — Procedural provisions — Restitutio in integrum — Conditions — Vigilance required by circumstances — Exceptional, and thus unpredictable, events — Human error in recording information — Not included (Council Regulation No 207/2009, Art. 81(1)) (see paras 19, 28, 29) Re: ACTION brought against the decision of the First Board of Appeal of OHIM of 29 April 2010 (Case R 1048/2009‑1) in so far as it dismissed the application for restitutio in integrum. Operative part The Court: 1. Dismisses the action; 2. Orders Constellation Brands, Inc., to pay the costs.