Judgment — ECLI:EU:T:2015:386
Date: 2015-06-16
Language of the case: German
Court formation: First Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (First Chamber) of 16 June 2015 — H.P. Gauff Ingenieure v OHIM — Gauff (Gauff JBG Ingenieure) (Case T‑585/13) Community trade mark — Opposition proceedings — Application for Community figurative mark Gauff JBG Ingenieure — Earlier national and Community word and figurative marks GAUFF — Relative grounds for refusal — Partial refusal to register — 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 — Exceptional events, which cannot therefore be predicted (Council Regulation No 207/2009, Art. 81(1)) (see paras 22-24) 2. Community trade mark — Procedural provisions — Restitutio in integrum — Conditions under which applicable — Restrictive interpretation (Council Regulation No 207/2009, Art. 81(1)) (see para. 25) 3. Community trade mark — Decisions of the Office — Principle of equal treatment — Principle of sound administration — OHIM’s previous decision-making practice — Principle of legality (see para. 32) Re: ACTION brought against the decision of the First Board of Appeal of OHIM of 5 September 2013 (Case R 596/2013-1) relating to an application for restitutio in integrum. Operative part The Court: 1. Dismisses the action; 2. Orders H.P. Gauff Ingenieure GmbH & Co. KG — JBG to bear its own costs as well as those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM); 3. 3. Orders Gauff GmbH & Co. Engineering KG to bear its own costs.