Case T-10/08: Action brought on 7 January 2008 — Kwang Yang Motor v OHIM — Honda Giken Kogyo (Representation of an internal-combustion engine)
Date: 2008-01-07
Institutions: Court of First Instance
Subjects: Asia, EU trade mark, European Union Intellectual Property Office, action for annulment (EU), motor vehicle industry, trade-mark law

C 64/58

EN

Official Journal of the European Union

8.3.2008

Pleas in law:

— Infringement

of Article

(EC)
No 40/94 (1) due to an incorrect examination of the facts by
the Office of its own motion;

of Regulation

74(1)

combustion engine’ — Community Design No 000 163 290 —
0001

Proprietor of the Community design: The applicant

— Infringement of Article 73 of Regulation No 40/94, namely

the right to a fair hearing;

Party requesting the declaration of invalidity of the Community design:
Honda Giken Kogyo Kabushiki Kaisha Co. Ltd

— Infringement of Article 7(1)(b) of Regulation No 40/94 in
finding the mark to be devoid of any distinctive character.

Design of the party requesting the declaration of invalidity: Registered
US design in respect for an ‘internal-combustion engine’ —
Patent No D 367 070

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

Decision of
invalidity in its entirety

the Invalidity Division: Rejected the application for

Decision of the Board of Appeal: Annulled the decision of the
Invalidity Division and declared the design invalid

Pleas in law: Infringement of Articles 4 and 6 of Council Regu-
lation (EC) No 6/2002 on Community Designs.

Action brought on 7 January 2008 — Kwang Yang Motor
v OHIM — Honda Giken Kogyo (Representation of an
internal-combustion engine)

(Case T-10/08)

(2008/C 64/93)

Language in which the application was lodged: English

Action brought on 7 January 2008 — Kwang Yang Motor
v OHIM — Honda Giken Kogyo (Representation of an
internal-combustion engine)

Parties

(Case T-11/08)

(2008/C 64/94)

Applicant: Kwang Yang Motor Co. Ltd (Kaohsiung City, Taiwan)
(represented by: P. Rath and W. Festl-Wietek, lawyers)

Language in which the application was lodged: English

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

Parties

Other party to the proceedings before the Board of Appeal: Honda
Giken Kogyo Kabushiki Kaisha Co. Ltd (Tokyo, Japan)

Applicant: Kwang Yang Motor Co. Ltd (Kaohsiung City, Taiwan)
(represented by: P. Rath and W. Festl-Wietek, lawyers)

Form of order sought

— Annulment of the decision of the Third Board of Appeal of
the OHIM of 8 October 2007 served to the representatives
of
in Case R
1337/2006-3;

applicant on 30 October 2007,

the

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

Other party to the proceedings before the Board of Appeal: Honda
Giken Kogyo Kabushiki Kaisha Co. Ltd (Tokyo, Japan)

— order the OHIM to pay the costs of the proceedings before

the Court and Board of Appeal.

Form of order sought

Pleas in law and main arguments

— Annulment of the decision of the Third Board of Appeal of
the OHIM of 8 October 2007 served to the representatives
of
in Case
applicant on 30 October 2007,
R 1380/2006-3;

the

Registered Community design subject of the application for a declara-
tion of invalidity: Registered Community design for an ‘Internal-

— order the OHIM to pay the costs of the proceedings before

the Court and Board of Appeal.