Source: EURLEX
Language: en
Format: md

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| 20.11.2010 | EN | Official Journal of the European Union | C 317/11 |

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Judgment of the Court (Fifth Chamber) of 30 September 2010 — Evets Corp. v Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-479/09 P)[(1)](#ntr1-C_2010317EN.01001101-E0001)

(Appeal - Community trade mark - Word mark DANELECTRO - Figurative mark QWIK TUNE - Request for renewal of registration of the trade mark - Application for restitutio in integrum - Failure to observe the time-limit for submitting the request for renewal of registration of the trade mark)

2010/C 317/20

Language of the case: English

Parties

Appellant: Evets Corp. (represented by: S. Ryan, Solicitor)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)

Re:

Appeal against the judgment of the Court of First Instance (First Chamber) of 23 September 2009 in Joined Cases T-20/08 and T-21/08 Evets v OHIM, by which that Court dismissed an action for annulment of the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 5 November 2007 in Case R 603/2007-4 dismissing the appeal against the decision of the Administration of Trade Marks and Legal Division and declaring that the application for restitutio in integrum filed by the appellant with a view to having its rights regarding the renewal of the word mark ‘DANELECTRO’ re-established was deemed not to have been filed on account of lateness — Failure to observe the time-limit for submitting the request for renewal of the trade marks

Operative part of the judgment

The Court:

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| 1. | Dismisses the appeal; |

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| 2. | Orders Evets Corp. to pay the costs. |

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