This document is an excerpt from the EUR-Lex website
Document 62008TN0297
Case T-297/08: Action brought on 29 July 2008 — Mepos Electronics v OHIM (MEPOS)
Case T-297/08: Action brought on 29 July 2008 — Mepos Electronics v OHIM (MEPOS)
Case T-297/08: Action brought on 29 July 2008 — Mepos Electronics v OHIM (MEPOS)
OJ C 247, 27.9.2008, p. 20–20
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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27.9.2008 |
EN |
Official Journal of the European Union |
C 247/20 |
Action brought on 29 July 2008 — Mepos Electronics v OHIM (MEPOS)
(Case T-297/08)
(2008/C 247/39)
Language in which the application was lodged: English
Parties
Applicant: Mepos Electronics Ltd (Kaohsiung, Taiwan) (represented by M. Wirtz, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
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Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 28 May 2008 in case R 437/2008-2; |
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Grant the request for restitutio in integrum; and |
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Order OHIM to pay the costs. |
Pleas in law and main arguments
Community trade mark concerned: The figurative mark ‘MEPOS’ for goods in class 9 — application No 5 770 383
Decision of the examiner: Refusal of the applicant's trade mark
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law: Infringement of Articles 36, 77(a) and 79 of Council Regulation No 40/94, as well as Article 6 of European Convention on Human Rights and Article 6(2) of Treaty on European Union as the Board of Appeal erred in concluding that the examiner has followed a lawful proceeding in the application process; infringement of Article 78 of Council Regulation No 40/94 as the Board of Appeal erred by not granting the request for restitutio in integrum for failure to comply with the time-limit to file an appeal.