Constellation Brands, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Jurisdiction | European Union |
ECLI | ECLI:EU:T:2012:329 |
Court | General Court (European Union) |
Docket Number | T-314/10 |
Date | 28 June 2012 |
Celex Number | 62010TJ0314 |
Procedure Type | Recurso de anulación - infundado |
Arrêt du Tribunal (sixième chambre) du 28 juin 2012 —
Constellation Brands/OHMI (COOK’S)
(affaire T-314/10)
« Marque communautaire — Marque communautaire verbale COOK’S — Absence de demande de renouvellement de la marque — Radiation de la marque à l’expiration de l’enregistrement — Requête en restitutio in integrum — Article 81 du règlement (CE) no 207/2009 »
1. Marque communautaire — Dispositions de procédure — Restitutio in integrum — Conditions — Vigilance nécessitée par les circonstances — Délégation des tâches administratives relatives au renouvellement d’une marque (Règlement du Conseil nº 207/2009, art. 81, § 1) (cf. points 17-18)
2. Marque communautaire — Dispositions de procédure — Restitutio in integrum — Conditions — Vigilance nécessitée par les circonstances — Événements à caractère exceptionnel et, partant, imprévisibles — Erreur humaine de saisie d’information — Exclusion (Règlement du Conseil nº 207/2009, art. 81, § 1) (cf. points 19, 28-29)
Objet
Recours formé contre la décision de la première chambre de recours de l’OHMI du 29 avril 2010 (affaire R 1048/2009-1), en ce qu’elle a rejeté sa demande en restitutio in integrum. |
Dispositif
1) |
Le recours est rejeté. |
2) |
Constellation Brands, Inc. est... |
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