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11.8.2012 |
EN |
Official Journal of the European Union |
C 243/17 |
Order of the General Court of 28 June 2012 — Constellation Brands v OHIM (COOK’S)
(Case T-314/10) (1)
(Community trade mark - Word mark COOK’S - Failure to apply for renewal of the mark - Cancellation of the mark upon expiry of the registration - Application for restitutio in integrum - Article 81 of Regulation (EC) No 207/2009)
2012/C 243/32
Language of the case: English
Parties
Applicant: Constellation Brands, Inc. (Fairport, United States of America) (represented by: B. Brandreth, Barrister)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis and V. Melgar, acting as Agents)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 29 April 2010 (Case R 1048/2009-1) in so far as it dismissed the application for restitutio in integrum
Operative part of the order
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1. |
Dismisses the action. |
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2. |
Orders Constellation Brands, Inc., to pay the costs. |