Action brought on 29 July 2008 - Mepos Electronics v OHIM (MEPOS)

(Case T-297/08)

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.

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