Action brought on 29 July 2008 — Mepos Electronics v OHIM (MEPOS)

(Case T-297/08)

(2008/C 247/39)

Language in which the application was lodged: English

Parties

Applicant: Mepos Electronics Ltd (Kaohsiung, Taiwan) (represented by M. Wirtz, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

Pleas in law and main arguments

Community trade mark concerned: The figurative mark ‘MEPOS’ for goods in class 9 — application No 5 770 383

Decision of the examiner: Refusal of the applicant's trade mark

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Articles 36, 77(a) and 79 of Council Regulation No 40/94, as well as Article 6 of European Convention on Human Rights and Article 6(2) of Treaty on European Union as the Board of Appeal erred in concluding that the examiner has followed a lawful proceeding in the application process; infringement of Article 78 of Council Regulation No 40/94 as the Board of Appeal erred by not granting the request for restitutio in integrum for failure to comply with the time-limit to file an appeal.