Judgment — ECLI:EU:T:2013:214
Date: 2013-04-25
Language of the case: French
Court formation: Eighth Chamber
Subject matter: Intellectual, industrial and commercial property;Designs
Procedure: Action for annulment - unfounded
Origin: Netherlands

Judgment of the General Court of 25 April 2013 - Bell & Ross v OHIM - KIN (Wristwatch case) (Case T-80/10)  (Community design - Invalidity proceedings - Registered Community design or model representing a wristwatch case - Earlier design - Ground for invalidity - Lack of individual character - Overall impression not different - Informed user - Degree of freedom of the designer - Articles 4, 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 - Related to a counterclaim for a declaration of invalidity - Community design court - Article 91 of Regulation No 6/2002) Language of the case: French Parties Applicant: Bell & Ross BV (Zoetermeer, Netherlands) (represented by: S. Guerlain, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent) Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: KIN AB (Upplands Väsby, Sweden) (represented by: M. Nielsen and C. Galichet, lawyers) Re: Action brought against the decision of the Third Board of Appeal of OHIM of 9 December 2009 (Case R 1285/2008-3), relating to invalidity proceedings between Klockgrossisten i Norden AB and Bell & Ross BV. Operative part of the judgment The Court: Dismisses the action. 2. Orders Bell & Ross BV to pay the costs, including those incurred by KIN AB in the proceedings before the Board of Appeal. ____________ 1 - OJ C 113, 1.5.2010