Judgment of the General Court (First Chamber) of 20 April 2010 – Rodd & Gunn Australia v OHIM (Representation of a dog)

(Case T-187/08)

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)

Community trade mark – Procedural provisions – Restitutio in integrum (Council Regulation No 40/94, Art. 78(1)) (see para. 29)

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 .

Information relating to the case

Community trade mark sought:	Figurative mark consisting of a representation of a dog for goods in Classes 16, 18, and 25 – Community trade mark No 339218
Decision of the Trade Marks and Register Department:	Application for restitutio in integrum dismissed
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1. 1. Dismisses the action;

2. 2. Orders Rodd & Gunn Australia Ltd to pay the costs.