Order of the General Court (Sixth Chamber) of 13 September 2011 – ara v OHIM – Allrounder (A)

(Case T-397/10)

Community trade mark – Opposition procedure – Failure to submit the statement of grounds of appeal to the Board of Appeal within the prescribed time-limit – Decision of the Board of Appeal rejecting an application for the full re‑establishment of the applicant’s rights – Action manifestly lacking a legal basis

Community trade mark – Procedural provisions – Restitutio in integrum – Conditions – Vigilance required by the circumstances – Exceptional, and thus unforeseeable, events – Human error by a qualified co-worker – Not included (Council Regulation No 207/2009, Art. 81(1)) (see paras 27, 29)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 23 June 2010 (Case R 1543/2009-1) concerning the applicant’s application for full re‑establishment of its rights.

Operative part

1. The application is dismissed as manifestly lacking a legal basis.

2. ara AG is ordered to pay the costs.