Action brought on 4 April 2008 - Aurelia Finance v OHIM (AURELIA)

(Case T-136/08)

Language in which the application was lodged: English

Parties

Applicant: Aurelia Finance SA (Geneva, Switzerland) (represented by M. Elmslie, Solicitor)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

Annul the Decision of the First Board of Appeal of 9 January 2008 in case R 1214/2007-1;

Remit the applicant's application for restitutio in integrum to OHIM for reconsideration; and

order OHIM to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: A word mark consisting of the word AURELIA for various services in class 36 - application No 274 936

Decision of the OHIM: Refusal of the application for restitutio in integrum

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 78 of Council Regulation No 40/94 as the standard of due care required in connection with administrative renewals is lower than that for a party to proceedings before OHIM.

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