CELEX: 62008TJ0187
Language: en
Date: 2010-04-20 00:00:00
Title: Judgment of the General Court (First Chamber) of 20 April 2010. # Rodd & Gunn Australia Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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). # Case T-187/08.

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.