Source: EURLEX
Language: en
Format: md

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| 13.10.2012 | EN | Official Journal of the European Union | C 311/13 |

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Action brought on 7 August 2012 — Sachi Premium-Outdoor Furniture v OHIM — Gandia Blasco (Armchairs)

(Case T-357/12)

2012/C 311/17

Language in which the application was lodged: English

Parties

Applicant: Sachi Premium — Outdoor Furniture, Lda (Estarreja, Portugal) (represented by: M. Oehen Mendes, lawyer)

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

Other party to the proceedings before the Board of Appeal: Gandia Blasco, SA (Valencia, Spain)

Form of order sought

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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 27 April 2012 (R 969/2011-3); |

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| — | Declare the contested Community Design No 1512633-0003 invalid; and |

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| — | Order the defendant to pay the costs. |

Pleas in law and main arguments

Registered Community design trade mark in respect of which a declaration of invalidity has been sought: A design for ‘armchairs, loungers’ — registered Community design No 1512633-0003

Proprietor of the Community design: The applicant

Applicant for the declaration of invalidity of the Community design: The other party to the proceedings before the Board of Appeal

Grounds for the application for a declaration of invalidity: The other party to the proceedings before the Board of Appeal requested the invalidation of the RCD based on Articles 4 to 9 of Council Regulation No 6/2002; Community design registration No 52113-0001, for ‘armchairs’

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

Decision of the Board of Appeal: Annulled the contested decision and declared the contested Registered Community design invalid

Pleas in law: Infringement of Articles 5 to 7 of Council Regulation No 6/2002.

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