CELEX: 62010TO0397
Language: en
Date: 2011-09-13 00:00:00
Title: Order of the General Court (Sixth Chamber) of 13 September 2011. # ara AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition procedure - Failure to submit the statement of grounds of appeal to the Board of Appeal within the prescribed time-limit - Decision of the Board of Appeal rejecting an application for the full re-establishment of the applicant’s rights - Action manifestly lacking a legal basis. # Case T-397/10.

Order of the General Court (Sixth Chamber) of 13 September 2011 – ara v OHIM – Allrounder (A)
      (Case T-397/10)
      Community trade mark – Opposition procedure – Failure to submit the statement of grounds of appeal to the Board of Appeal within the prescribed time-limit – Decision of the Board of Appeal rejecting an application for the full re‑establishment of the applicant’s rights – Action manifestly lacking a legal basis
      Community trade mark – Procedural provisions – Restitutio in integrum – Conditions – Vigilance required by the circumstances – Exceptional, and thus unforeseeable, events – Human error by a qualified co-worker – Not included (Council Regulation No 207/2009, Art. 81(1)) (see paras 27, 29)
      Re:
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 23 June 2010 (Case R 1543/2009-1) concerning the
                  applicant’s application for full re‑establishment of its rights.
               
            Operative part
      
         
                  1.
               
               
                  
               
               
                  	The application is dismissed as manifestly lacking a legal basis.
               
            
         
                  2.
               
               
                  
               
               
                  	ara AG is ordered to pay the costs.