Renewals by an agency (EUIPO)

Renewals by a renewal agency

The expiry of the time limit resulted in loss of the ‘DOG’ mark for Rodd & Gunn Australia. EUIPO/OHIM officials had sent a notice to the company’s UK representatives informing them of the due date of payment. The attorneys in New Zealand passed on the matter to an external renewal agency which defaulted. EUIPO/OHIM cancelled the mark, later refusing the UK office’s requests to restore the mark on grounds that Rodd & Gunn had failed to exercise all due care. The Board of Appeal upheld EUIPO’s/OHIM’s decision and noted that the company had been careless in delegating such an important task to a third party instead of a professional representative. The Court of First Instance sustained the Board of Appeals decision rejecting the restoration of the mark and dismissed the action.