CELEX: 62008TN0136
Language: en
Date: 2008-04-04 00:00:00
Title: Case T-136/08: Action brought on 4 April 2008 — Aurelia Finance v OHIM (AURELIA)

24.5.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 128/36
            
         Action brought on 4 April 2008 — Aurelia Finance v OHIM (AURELIA)
   (Case T-136/08)
   (2008/C 128/76)
   Language in which the application was lodged: English
   Parties
   
      Applicant: Aurelia Finance SA (Geneva, Switzerland) (represented by M. Elmslie, Solicitor)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   Form of order sought
   
               —
            
            
               Annul the Decision of the First Board of Appeal of 9 January 2008 in case R 1214/2007-1;
            
         
               —
            
            
               Remit the applicant's application for restitutio in integrum to OHIM for reconsideration; and
            
         
               —
            
            
               order OHIM to pay the costs.
            
         Pleas in law and main arguments
   
      Community trade mark concerned: A word mark consisting of the word AURELIA for various services in class 36 — application No 274 936
   
      Decision of the OHIM: Refusal of the application for restitutio in integrum
   
   
      Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law: Infringement of Article 78 of Council Regulation No 40/94 as the standard of due care required in connection with administrative renewals is lower than that for a party to proceedings before OHIM.