Judgment of the General Court of 25 April 2012 - Brainlab v OHIM (BrainLAB)

(Case T-326/11) 

(Community trade mark - Community word mark BrainLAB - Failure to apply for renewal of the registration of the trade mark - Removal of the trade mark from the register on expiry of registration - Application for restitutio in integrum - Article 81 of Regulation (EC) No 207/2009)

Language of the case: German

Parties

Applicant: Brainlab AG (Feldkirchen, Germany) (represented by: J. Bauer, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: R. Manea, acting as Agent)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 15 April 2011 (Case R 1596/2010-4), relating to the application for restitutio in integrum and to the application for the renewal of the registration of the trade mark BrainLAB made by the applicant.

Operative part of the judgment

The Court:

1.    Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 15 April 2011 (Case R 1596/2010-4);

2.    Orders each party to bear its own costs.

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¹ - OJ C 269, 10.9.2011.