Judgment_paragraph 43 · Research and Production Company ‘Melt Water’ UAB v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (T-61/13)

43In addition, and in any event, it should be noted that the applicant, after having been informed by OHIM that the appeal fee had not been paid within the period prescribed and of the risk that its appeal would consequently be deemed not to have been filed, was not deprived of all recourse before OHIM itself. Even on the assumption that the applicant sought to argue that, although it had exercised all due care required by the circumstances, it had been unable to comply with the time-limit for payment of the appeal fee, it did have the possibility of bringing restitutio in integrum proceedings before OHIM and could have submitted an application under Article 81 of Regulation No 207/2009 (see, by analogy, judgment of 11 May 2011 in Case T‑74/10 Flaco-Geräte v OHIM — Delgado Sánchez (FLACO), not published in the ECR, paragraph 26).