Order of the General Court of 28 June 2012 - Constellation Brands v OHIM (COOK'S)
(Case T-314/10)
(Community trade mark - Word mark COOK'S - Failure to apply for renewal of the mark - Cancellation of the mark upon expiry of the registration - Application for restitutio in integrum - Article 81 of Regulation (EC) No 207/2009)
Language of the case: English
Parties
Applicant: Constellation Brands, Inc. (Fairport, United States of America) (represented by: B. Brandreth, Barrister)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis and V. Melgar, acting as Agents)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 29 April 2010 (Case R 1048/2009-1) in so far as it dismissed the application for restitutio in integrum
Operative part of the order
1. Dismisses the action.
2. Orders Constellation Brands, Inc., to pay the costs.
____________1 - OJ C 260, 25.9.2010.