Case T-153/08: Action brought on 25 April 2008 — Shenzhen Taiden Industrial v OHIM — Bosch Security Systems (design of communications equipment)
Date: 2008-04-25
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), designs and models, electronic equipment, trade-mark law

21.6.2008

EN

Official Journal of the European Union

C 158/21

Form of order sought

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

— Annulment in their entirety of the decision of the Board of
the

the decision of

Appeal No R 0287/2007-1 and of
Opposition Division No B 855 728 and

— Order that Amberes pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Kido Industrial Ltd.

Community trade mark concerned: Word mark ‘SCORPIONEXO’
(registration application No 3.886.249) for goods in Classes 9
and 28.

Proprietor of the mark or sign cited in the opposition proceedings:
Amberes, SA.

the design of

sign cited in opposition: Spanish figurative marks
Mark or
(No 339.142, No 499.599, No 499.600 and No 339.140) and
international figurative marks (No 206.346 and No 206.347)
composed of
scorpion and the word
‘ESCORPION’, for goods in Classes 6, 8, 12, 16, 20, 21 and 28;
and in Classes 22, 24, 25 and 26 respectively. Spanish word
mark ‘ESCORPION’ (No 555.764) for goods in Class 25. Com-
munity word mark ‘ESCORPION’ (No 778.217) for goods in
Classes 22, 24, 25 and 26.

a

the Opposition Division: The Opposition Division,
Decision of
founding its decision solely on the earlier Spanish figurative
mark No 339.142 allowed the opposition in respect of goods in
Classes 9 and 28, and refused entirely the application for regis-
tration in respect of those goods.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Incorrect application of Article 8(1)(b) of Regulation
(EC) No 40/94 on the Community trade mark.

Other party to the proceedings before the Board of Appeal: Bosch
Security Systems BV (Eindhoven, Netherlands)

Form of order sought

— Annul

the decision of

the Third Board of Appeal of
the Office
Internal Market
(Trade Marks and Designs) of 11 February 2008 in case
R 1437/2006-3; and

for Harmonisation in the

— order OHIM to pay the costs, including those incurred in

the proceedings before the Board of Appeal.

Pleas in law and main arguments

Registered Community design subject of the application for a declara-
tion of
‘communications
equipment’ — registered Community design No 214903-0001

invalidity: A design for the product

Proprietor of the Community design: The applicant

Party requesting the declaration of invalidity of the Community design:
The other party to the proceedings before the Board of Appeal

Design produced as evidence by the party requesting the declaration of
invalidity: An earlier design made available to the public by
Koninklijke Philips Electronics NV registered as an international
design under No DM/055655

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

Action brought on 25 April 2008 — Shenzhen Taiden
Industrial v OHIM — Bosch Security Systems (design of
communications equipment)

Decision of the Board of Appeal: Annulment of the decision of the
Invalidity Division and declaration that the contested design is
invalid

(Case T-153/08)

(2008/C 158/35)

Language in which the application was lodged: English

Parties

Applicant: Shenzhen Taiden Industrial Co., Ltd (Shenzhen, China)
(represented by: M. Hartmann, M. Helmer, lawyers)

Pleas in law: Infringement of Article 63(1) of Council Regulation
No 6/2002 as the Third Board of Appeal relied on alleged
facts presented by the party requesting the declaration of inva-
lidity for which no evidence was submitted;
infringement of
Articles 4(1) and 6(1) of Council Regulation No 6/2002 as the
Third Board of Appeal erred in holding that
the contested
design lacked individual character and failed to assess and
compare the designs at hand from the point of view of an
informed user.