Action brought on 16 November 2007 - Jurado Hermanos, S.L. v OHIM (JURADO)

(Case T-410/07)

Language of the case: Spanish

Parties

Applicant: Jurado Hermanos, S.L. (Alicante, Spain) (represented by C. Martín Álvarez, 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 3 September 2007 in Case R 866/2007-2;

Give judgment on the merits of the case, recognising JURADO HERMANOS, S.L., as an interested party in the renewal procedure for Community trade mark No 240.218, JURADO HERMANOS, S.L. being the exclusive and registered licensee of that mark, and acceding to the application for restitutio in integrum filed by JURADO HERMANOS, S.L. in relation to the renewal of the Community trade mark No 240.218, and

Order OHIM to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: word mark 'JURADO' (Application No 240.218).

Goods or Services: goods in Class 30.

Proprietor of the trade mark which is the subject of the application: CAFETAL DE COSTA RICA S.A.

Decision of the Examiner: dismissal by the Administration of Trade Marks and Legal Division of the application for restitutio in integrum brought by the applicant, the licensee of the trade mark in question, as a result of the cancellation of the registration of that trade mark, owing to the failure of the proprietor to seek the appropriate renewal.

Decision of the Board of Appeal: dismissal of the appeal.

Pleas in law: infringement of the right to a fair hearing and an incorrect interpretation, in the present case, of Articles 47 and 78(1) of Regulation (EC) No 40/94 on the Community trade mark.

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