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Document 62008TA0020

    Joined Cases T-20/08 and T-21/08: Judgment of the Court of First Instance of 23 September 2009 — Evets v OHIM (DANELECTRO and QWIK TUNE) (Community trade mark — Community word mark DANELECTRO and Community figurative mark QWIK TUNE — Failure to observe the time-limit for submitting a request for renewal of the trade marks — Application for restitutio in integrum — Reformatio in pejus — Rights of the defence — Right to be heard — Article 61(2), second sentence of Article 73, and Article 78 of Regulation (EC) No 40/94 (now Article 63(2), second sentence of Article 75, and Article 81 of Regulation (EC) No 207/2009)

    IO C 267, 7.11.2009, p. 62–62 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    7.11.2009   

    EN

    Official Journal of the European Union

    C 267/62


    Judgment of the Court of First Instance of 23 September 2009 — Evets v OHIM (DANELECTRO and QWIK TUNE)

    (Joined Cases T-20/08 and T-21/08) (1)

    (Community trade mark - Community word mark DANELECTRO and Community figurative mark QWIK TUNE - Failure to observe the time-limit for submitting a request for renewal of the trade marks - Application for restitutio in integrum - Reformatio in pejus - Rights of the defence - Right to be heard - Article 61(2), second sentence of Article 73, and Article 78 of Regulation (EC) No 40/94 (now Article 63(2), second sentence of Article 75, and Article 81 of Regulation (EC) No 207/2009)

    2009/C 267/110

    Language of the case: English

    Parties

    Applicant: Evets Corp. (Irvine, California, United States) (represented by: S. Ryan, Solicitor)

    Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)

    Re:

    Action brought against two decisions of the Fourth Board of Appeal of OHIM of 5 November 2007 (Cases R 603/2007-4 and R 604/2007-4), relating to an application for restitutio in integrum made by the applicant.

    Operative part of the judgment

    The Court:

    1.

    Dismisses the actions;

    2.

    Orders Evets Corp. to pay the costs.


    (1)  OJ C 64, 8.3.2008.


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