24.5.2008 |
EN |
Official Journal of the European Union |
C 128/36 |
Action brought on 4 April 2008 — Aurelia Finance v OHIM (AURELIA)
(Case T-136/08)
(2008/C 128/76)
Language in which the application was lodged: English
Parties
Applicant: Aurelia Finance SA (Geneva, Switzerland) (represented by M. Elmslie, Solicitor)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
— |
Annul the Decision of the First Board of Appeal of 9 January 2008 in case R 1214/2007-1; |
— |
Remit the applicant's application for restitutio in integrum to OHIM for reconsideration; and |
— |
order OHIM to pay the costs. |
Pleas in law and main arguments
Community trade mark concerned: A word mark consisting of the word AURELIA for various services in class 36 — application No 274 936
Decision of the OHIM: Refusal of the application for restitutio in integrum
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law: Infringement of Article 78 of Council Regulation No 40/94 as the standard of due care required in connection with administrative renewals is lower than that for a party to proceedings before OHIM.