Judgment of the General Court of 20 April 2010 - Rodd & Gunn Australia v OHIM (Representation of a dog)
(Community trade mark - Figurative Community trade mark representing a dog - Cancellation of the mark upon expiry of the registration - Request for renewal of the mark - Application for restitutio in integrum - Article 78 of Regulation (EC) No 40/94 (now Article 81 of Regulation (EC) No 207/2009))
Language of the case: English
Parties
Applicant: Rodd & Gunn Australia Ltd (Wellington, New Zealand) (represented by: B. Brandreth, Barrister, and N. Jenkins, Solicitor)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: Ó. Mondéjar Ortuño, acting as Agent)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 12 March 2008 (Case R 1245/2007-4) relating to an application for restitutio in integrum.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Rodd & Gunn Australia Ltd to pay the costs.
____________1 - OJ C 171, 5.7.2008.