CELEX: 62008TJ0510
Language: en
Date: 2010-07-09
Title: Judgment of the General Court (Sixth Chamber) of 9 July 2010. # Toqueville Srl v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Revocation proceedings - Community word mark TOCQUEVILLE 13 - Failure to comply with the time-limit for appealing against a revocation decision - Application for restitutio in integrum - Article 78 of Regulation (EC) No 40/94 (now Article 81 of Regulation (EC) No 207/2009). # Case T-510/08.

Judgment of the General Court (Sixth Chamber) of 9 July 2010 – Toqueville v OHIM – Schiesaro (TOCQUEVILLE 13)
      (Case T-510/08)
      Community trade mark – Revocation proceedings – Community word mark TOCQUEVILLE 13 – Failure to comply with the time-limit for appealing against a revocation decision – 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); Commission Regulation No 2868/95, Art. 1, Rule 77) (see
         paras 58-63)
      
      Re:
      
         
               ACTION brought against the decision of 26 August 2008 of the Second Board of Appeal of OHIM (Case R 829/2008-2) concerning
                  the applicant’s application for restitutio in integrum.
               
            Information relating to the case 
      
               Registered Community trade mark subject to an action for revocation:
            
            
               Word mark TOCQUEVILLE 13 to designate goods and services in Classes 25, 41 and 42 – Community trade mark No 1406982
            
         
               Proprietor of the Community trade mark:
            
            
               Toqueville Srl
            
         
               Party requesting the revocation of the Community trade mark:
            
            
               Marco Schiesaro
            
         
               Contested decision by the Board of Appeal: 
            
            
               Decision of the Cancellation Division to grant the application for partial revocation of the trade mark in question
            
         
               Decision of the Board of Appeal:
            
            
               Declaration that the appeal is inadmissible and rejection of a request for restitutio in integrum as regards the time-limit for filing an appeal against the decision of the Cancellation Division
               
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Toqueville Srl to pay the costs.