Judgment of the General Court (Sixth Chamber) of 20 September 2018 –
Ghost — Corporate Management v EUIPO (Dry Zone)

(Case T‑488/17)

(EU trade mark — Application for the EU word mark Dry Zone — Period for bringing an action — Lateness — Inadmissibility of the appeal brought before the Board of Appeal — Article 60 of Regulation (EC) No 207/2009 (now Article 68 of Regulation (EU) 2017/1001) — No force majeure or unforeseeable circumstances — Obligations of care and diligence — Legitimate expectations)

EU trade mark—Appeals procedure—Form of appeal and period within which it must be brought—Pleading setting out the grounds lodged within the period prescribed—Condition of admissibility

(Rules of Procedure of the General Court, Art. 72(2), Council Regulation No 207/2009, Art. 60(1); Commission Regulation No 2868/95, Art. 1, Rules 70(2), 72(4) and 80(2))

(see paras 27-33)

2.	EU trade mark—Procedural provisions—Time-limits—Claim barred by lapse of time—Exceptions—Obligation of care and diligence (Council Regulation No 207/2009, Art. 60) (see para. 40)

3.	Judicial proceedings—Time-limit for instituting proceedings—Claim barred by lapse of time—Unforeseeable circumstances or force majeure—Concept composed of objective and subjective elements—Limits (Statute of the Court of Justice, Art. 45, second para.) (see paras 41-43)

4.	Judicial proceedings—Time-limits—Claim barred by lapse of time—Possibility to rely on the principle of the protection of legitimate expectations—Condition (see para. 52)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 5 June 2017 (Case R 683/2017-2) concerning an application for registration of the word sign Dry Zone as an EU trade mark.

Operative part

The Court:

1.	Dismisses the action;

2.	Orders Ghost — Corporate Management SA to pay the costs.