CELEX: 62008TN0297
Language: en
Date: 2008-07-29 00:00:00
Title: Case T-297/08: Action brought on 29 July 2008 — Mepos Electronics v OHIM (MEPOS)

27.9.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 247/20
            
         Action brought on 29 July 2008 — Mepos Electronics v OHIM (MEPOS)
   (Case T-297/08)
   (2008/C 247/39)
   Language in which the application was lodged: English
   Parties
   
      Applicant: Mepos Electronics Ltd (Kaohsiung, Taiwan) (represented by M. Wirtz, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   Form of order sought
   
               —
            
            
               Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 28 May 2008 in case R 437/2008-2;
            
         
               —
            
            
               Grant the request for restitutio in integrum; and
            
         
               —
            
            
               Order OHIM to pay the costs.
            
         Pleas in law and main arguments
   
      Community trade mark concerned: The figurative mark ‘MEPOS’ for goods in class 9 — application No 5 770 383
   
      Decision of the examiner: Refusal of the applicant's trade mark
   
      Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law: Infringement of Articles 36, 77(a) and 79 of Council Regulation No 40/94, as well as Article 6 of European Convention on Human Rights and Article 6(2) of Treaty on European Union as the Board of Appeal erred in concluding that the examiner has followed a lawful proceeding in the application process; infringement of Article 78 of Council Regulation No 40/94 as the Board of Appeal erred by not granting the request for restitutio in integrum for failure to comply with the time-limit to file an appeal.