# C_2013026EN.01006401.xml

| 26.1.2013 | EN | Official Journal of the European Union | C 26/64 |
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26.1.2013

EN

Official Journal of the European Union

C 26/64

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Action brought on 19 November 2012 — Automobile Association v OHIM — Duncan Petersen Publishing (Folders)

(Case T-508/12)

2013/C 26/126

Language in which the application was lodged: English

Parties

Parties

Applicant: The Automobile Association Ltd (St. Helier, United Kingdom) (represented by: N. Walker, Solicitor)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Other party to the proceedings before the Board of Appeal: Duncan Petersen Publishing Ltd (London, United Kingdom)

Other party to the proceedings before the Board of Appeal:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | Annul the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 September 2012 in case R 172/2011-3, and remit the matter back to OHIM for reconsideration; and. |
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Annul the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 September 2012 in case R 172/2011-3, and remit the matter back to OHIM for reconsideration; and.

| — | Order OHIM to pay the costs of the applicant. |
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Order OHIM to pay the costs of the applicant.

Pleas in law and main arguments

Pleas in law and main arguments

Registered Community design in respect of which a declaration of invalidity has been sought: A design for the product ‘folders’ — registered Community design No 1121404-0001

Registered Community design in respect of which a declaration of invalidity has been sought:

Proprietor of the Community design: The other party to the proceedings before the Board of Appeal

Proprietor of the Community design:

Applicant for the declaration of invalidity of the Community design: The applicant

Applicant for the declaration of invalidity of the Community design:

Grounds for the application for a declaration of invalidity: The applicant requested the invalidity of the RCD based on Articles 4 to 9 of Council Regulation No 6/2002

Grounds for the application for a declaration of invalidity:

Decision of the Invalidity Division: Rejected the application for a declaration of invalidity

Decision of the Invalidity Division:

Decision of the Board of Appeal: Dismissed the appeal

Decision of the Board of Appeal:

Pleas in law:

Pleas in law:

| — | Infringement of Article 8 of Council Regulation No 6/2002; |
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Infringement of Article 8 of Council Regulation No 6/2002;

| — | Infringement of Article 8(2) in conjunction with Article 62 of Council Regulation No 6/2002; and |
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Infringement of Article 8(2) in conjunction with Article 62 of Council Regulation No 6/2002; and

| — | Infringement of Article 25(1)(a) in conjunction with Article 3(a) of Council Regulation No 6/2002. |
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Infringement of Article 25(1)(a) in conjunction with Article 3(a) of Council Regulation No 6/2002.

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