Source: EURLEX
Language: en
Format: md

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| 5.6.2010 | EN | Official Journal of the European Union | C 148/27 |

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Judgment of the General Court of 20 April 2010 — Rodd & Gunn Australia v OHIM (Representation of a dog)

(Case T-187/08)[(1)](#ntr1-C_2010148EN.01002701-E0001)

(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))

2010/C 148/47

Language of the case: English

Parties

Applicant: Rodd & Gunn Australia Ltd (Wellington, New Zealand) (represented by: B. Brandreth, Barrister, and N. Jenkins, Solicitor)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: Ó. Mondéjar Ortuño, acting as Agent)

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.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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

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