25.9.2010   

EN

Official Journal of the European Union

C 260/23


Action brought on 19 July 2010 — Constellation Brands/OHMI (COOK'S)

(Case T-314/10)

()

2010/C 260/31

Language of the case: English

Parties

Applicant: Constellation Brands, Inc. (New York, USA) (represented by: B. Brandreth, Barrister)

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 the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 29 April 2010 in case R 1048/2009-1;

Remit the case to the Office for Harmonisation in the Internal Market (Trade Marks and Designs) and order that restitutio in integrum be granted in respect of community trade mark application No 942128;

Order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘COOK’S’

Decision of the Trade Marks and Register Department: Rejected the request for restitutio in integrum and confirmed the cancellation of the Community trade mark registration No 942128

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 81 of Council Regulation No 207/2009, as the Board of Appeal erred in the application of this article and in its assessment of the facts in holding that the applicant’s representatives had failed to exercise due care in the circumstances.