Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (First Chamber) of 20 April 2010 – Rodd & Gunn Australia v OHIM (Representation of a dog)**

**(Case T-187/08)**

Community trade mark – Figurative Community trade mark representing a dog – Cancellation of the mark upon expiry of the registration – Request for renewal of the mark – Application for restitutio in integrum – Article 78 of Regulation (EC) No 40/94 (now Article 81 of Regulation (EC) No 207/2009)

Community trade mark – Procedural provisions – Restitutio in integrum (Council Regulation No 40/94, Art. 78(1)) (see para. 29)

**Re:**

|  |  |  |
| --- | --- | --- |
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 12 March 2008 (Case R 1245/2007-4) relating to an application for | restitutio in integrum | . |

**Information relating to the case**

|  |  |
| --- | --- |
| Community trade mark sought: | Figurative mark consisting of a representation of a dog for goods in Classes 16, 18, and 25 – Community trade mark No 339218 |
| Decision of the Trade Marks and Register Department: | Application for *restitutio in integrum* dismissed |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the action; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Rodd & Gunn Australia Ltd to pay the costs. |

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