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Document 62008TN0510
Case T-510/08: Action brought on 20 November 2008 — Toqueville v OHIM — Schiesaro (TOCQUEVILLE 13)
Case T-510/08: Action brought on 20 November 2008 — Toqueville v OHIM — Schiesaro (TOCQUEVILLE 13)
Case T-510/08: Action brought on 20 November 2008 — Toqueville v OHIM — Schiesaro (TOCQUEVILLE 13)
OJ C 19, 24.1.2009, p. 35–35
(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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24.1.2009 |
EN |
Official Journal of the European Union |
C 19/35 |
Action brought on 20 November 2008 — Toqueville v OHIM — Schiesaro (TOCQUEVILLE 13)
(Case T-510/08)
(2009/C 19/66)
Language in which the application was lodged: 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)
Other party to the proceedings before the Board of Appeal of OHIM: Marco Schiesaro (Milan, Italy)
Form of order sought
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Annul the decision of the Second Board of Appeal of OHIM of 26 August 2008 in Case R 829/2008-2 Toqueville Srl v M. Schiesaro. |
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Order the defendant to pay the costs. |
Pleas in law and main arguments
Registered Community trade mark in respect of which a declaration of invalidity has been sought: word mark ‘TOCQUEVILLE 13’ (Community trade mark No 1.406.982) to designate goods and services in Classes 25, 41 and 42.
Proprietor of the Community trade mark: the applicant.
Applicant for the declaration of invalidity: Marco Schiesaro.
Decision challenged before the Board of Appeal: the decision of the Cancellation Division to grant the application for partial revocation of the trade mark in question.
Decision of the Board of Appeal: declaration that the appeal is inadmissible and rejection of a request for restitutio in integrum as regards the time-limit for filing an appeal against the decision of the Cancellation Division.
Pleas in law: Infringement of Articles 73 and 78 if Regulation (EC) No 40/94 on the Community trade mark, Articles 2 and 9 of Regulation (EC) No 2869/95 on the fees payable to the Office for Harmonization in the Internal Market and Article 50 of Regulation (EC) No 2868/95 implementing Regulation (EC) No 40/94.