CELEX: 62008TA0020
Language: en
Date: 2009-09-23 00:00:00
Title: Joined Cases T-20/08 and T-21/08: Judgment of the Court of First Instance of 23 September 2009 — Evets v OHIM (DANELECTRO and QWIK TUNE) (Community trade mark — Community word mark DANELECTRO and Community figurative mark QWIK TUNE — Failure to observe the time-limit for submitting a request for renewal of the trade marks — Application for restitutio in integrum — Reformatio in pejus — Rights of the defence — Right to be heard — Article 61(2), second sentence of Article 73, and Article 78 of Regulation (EC) No 40/94 (now Article 63(2), second sentence of Article 75, and Article 81 of Regulation (EC) No 207/2009)

7.11.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 267/62
            
         Judgment of the Court of First Instance of 23 September 2009 — Evets v OHIM (DANELECTRO and QWIK TUNE)
   (Joined Cases T-20/08 and T-21/08) (1)
   
   (Community trade mark - Community word mark DANELECTRO and Community figurative mark QWIK TUNE - Failure to observe the time-limit for submitting a request for renewal of the trade marks - Application for restitutio in integrum - Reformatio in pejus - Rights of the defence - Right to be heard - Article 61(2), second sentence of Article 73, and Article 78 of Regulation (EC) No 40/94 (now Article 63(2), second sentence of Article 75, and Article 81 of Regulation (EC) No 207/2009)
   2009/C 267/110
   Language of the case: English
   
      Parties
   
   
      Applicant: Evets Corp. (Irvine, California, United States) (represented by: S. Ryan, Solicitor)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
   
      Re:
   
   Action brought against two decisions of the Fourth Board of Appeal of OHIM of 5 November 2007 (Cases R 603/2007-4 and R 604/2007-4), relating to an application for restitutio in integrum made by the applicant.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the actions;
            
         
               2.
            
            
               Orders Evets Corp. to pay the costs.
            
         
      (1)  OJ C 64, 8.3.2008.