Judgment — ECLI:EU:T:2018:571
Date: 2018-09-20
Language of the case: Portuguese
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Portugal

Judgment of the General Court (Sixth Chamber) of 20 September 2018 – Ghost — Corporate Management v EUIPO (Dry Zone) (Case T‑488/17) (EU trade mark — Application for the EU word mark Dry Zone — Period for bringing an action — Lateness — Inadmissibility of the appeal brought before the Board of Appeal — Article 60 of Regulation (EC) No 207/2009 (now Article 68 of Regulation (EU) 2017/1001) — No force majeure or unforeseeable circumstances — Obligations of care and diligence — Legitimate expectations) 1. EU trade mark — Appeals procedure — Form of appeal and period within which it must be brought — Pleading setting out the grounds lodged within the period prescribed — Condition of admissibility (Rules of Procedure of the General Court, Art. 72(2), Council Regulation No 207/2009, Art. 60(1); Commission Regulation No 2868/95, Art. 1, Rules 70(2), 72(4) and 80(2)) (see paras 27-33) 2. EU trade mark — Procedural provisions — Time-limits — Claim barred by lapse of time — Exceptions — Obligation of care and diligence (Council Regulation No 207/2009, Art. 60) (see para. 40) 3. Judicial proceedings — Time-limit for instituting proceedings — Claim barred by lapse of time — Unforeseeable circumstances or force majeure — Concept composed of objective and subjective elements — Limits (Statute of the Court of Justice, Art. 45, second para.) (see paras 41-43) 4. Judicial proceedings — Time-limits — Claim barred by lapse of time — Possibility to rely on the principle of the protection of legitimate expectations — Condition (see para. 52) Re: Re: Action brought against the decision of the Second Board of Appeal of EUIPO of 5 June 2017 (Case R 683/2017-2) concerning an application for registration of the word sign Dry Zone as an EU trade mark. Operative part The Court: 1. Dismisses the action; 2. Orders Ghost — Corporate Management SA to pay the costs. 2. Orders Ghost — Corporate Management SA to pay the costs.