Judgment of the General Court of 9 July 2010 — Toqueville v OHIM — Schiesaro (TOCQUEVILLE 13)

(Case T-510/08) (1)

(Community trade mark - Revocation proceedings - Community word mark TOCQUEVILLE 13 - Failure to comply with the time-limit for appealing against a revocation decision - Application for restitutio in integrum - Article 78 of Regulation (EC) No 40/94 (now Article 81 of Regulation (EC) No 207/2009))

2010/C 234/60

Language of the case: Italian

Parties

Applicant: Toqueville Srl (Milan, Italy) (represented by: S. Bariatti, I Palombella and E. Cucchiara, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: A. Sempio, Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Marco Schiesaro (Limbiate, Italy) (represented by: A. Canella and D. Camaiora, lawyers)

Re:

Action brought against the decision of 26 August 2008 of the Second Board of Appeal of OHIM (Case R 829/2008-2) concerning the applicant’s application for restitutio in integrum

Operative part of the judgment

The Court:

(1)  OJ C 19, 24.1.2009.