Judgment of the Court of First Instance of 13 May 2009 - Aurelia Finance v OHIM (AURELIA)

(Case T-136/08) 1

(Community trade mark - Community word mark AURELIA - Failure to pay renewal fee - Removal of trade mark from register on expiry of registration - Application for restitutio in integrum)

Language of the case: English

Parties

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

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by D. Botis, Agent)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 9 January 2008 (Case R 1214/2007-1), concerning the application for restitutio in integrum lodged by the applicant.

Operative part of the judgment

The Court:

Dismisses the action.

Orders Aurelia Finance SA to pay the costs.

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1 - OJ C 128, 24.5.2008.