Judgment of the Court of First Instance of 23 September 2009 - Evets v OHIM (DANELECTRO and QWIK TUNE)
(Joined Cases T-20/08 and T-21/08)
(Community trade mark - Community word mark DANELECTRO and Community figurative mark QWIK TUNE - Failure to observe the time-limit for submitting a request for renewal of the trade marks - Application for restitutio in integrum - Reformatio in pejus - Rights of the defence - Right to be heard - Article 61(2), second sentence of Article 73, and Article 78 of Regulation (EC) No 40/94 (now Article 63(2), second sentence of Article 75, and Article 81 of Regulation (EC) No 207/2009))
Language of the case: English
Parties
Applicant: Evets Corp. (Irvine, California, United States) (represented by: S. Ryan, Solicitor)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
Re:
Action brought against two decisions of the Fourth Board of Appeal of OHIM of 5 November 2007 (Cases R 603/2007-4 and R 604/2007-4), relating to an application for restitutio in integrum made by the applicant.
Operative part of the judgment
The Court:
1. Dismisses the actions;
2. Orders Evets Corp. to pay the costs.
____________1 - OJ C 64, 8.3.2008.