4.7.2009   

EN

Official Journal of the European Union

C 153/37


Judgment of the Court of First Instance of 12 May 2009 — Jurado Hermanos v OHIM (JURADO)

(Case T-410/07) (1)

(Community trade mark - Community word mark JURADO - Failure by the proprietor of the trade mark to apply for renewal - Removal of the mark on expiry of the registration - Application by the exclusive licensee for restitutio in integrum)

2009/C 153/71

Language of the case: Spanish

Parties

Applicant: Jurado Hermanos, SL (Alicante, Spain) (represented by: C. Martín Álvarez, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Montalto and P. López Fernández de Corres, acting as Agents)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 3 September 2007 (Case R 866/2007-2) concerning the application lodged by the applicant for restitutio in integrum.

Operative part of the judgment

The Court:

1.

Dismisses the action;

2.

Orders Jurado Hermanos, SL to pay the costs, including those of the interlocutory proceedings.


(1)  OJ C 8, 12.1.2008.