Judgment of the General Court of 9 July 2010 - Toqueville v OHIM - Schiesaro (TOCQUEVILLE 13)
(Community trade mark - Revocation proceedings - Community word mark TOCQUEVILLE 13 - Failure to comply with the time-limit for appealing against a revocation decision - Application for restitutio in integrum - Article 78 of Regulation (EC) No 40/94 (now Article 81 of Regulation (EC) No 207/2009))
Language of the case: Italian
Parties
Applicant: Toqueville Srl (Milan, Italy) (represented by: S. Bariatti, I Palombella and E. Cucchiara, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: A. Sempio, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Marco Schiesaro (Limbiate, Italy) (represented by: A. Canella and D. Camaiora, lawyers)
Re:
Action brought against the decision of 26 August 2008 of the Second Board of Appeal of OHIM (Case R 829/2008-2) concerning the applicant's application for restitutio in integrum
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Toqueville Srl to pay the costs.
____________1 - OJ C 19, 24.1.2009.