Source: EURLEX
Language: en
Format: md

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| 27.4.2015 | EN | Official Journal of the European Union | C 138/60 |

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Action brought on 25 February 2015 — Tubes Radiatori v OHIM — Antrax It (Heating radiators)

(Case T-98/15)

(2015/C 138/78)

Language in which the application was lodged: Italian

Parties

Applicant: Tubes Radiatori Srl (Resana, Italy) (represented by: S. Verea, K. Muraro, M. Balestriero and P. Menapace, lawyers)

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

Other party to the proceedings before the Board of Appeal: Antrax It Srl (Resana, Italy)

Details of the proceedings before OHIM

Proprietor of the design at issue: Applicant

Design at issue: Community design for ‘heating radiators’ — Community design No 169 370-0002

Contested decision: Decision of the Third Board of Appeal of OHIM of 9 December 2014 in Case R 1643/2014-3

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision and, consequently, find and declare that Community design No 169 370-0002, belonging to Tubes Radiatori Srl, is valid, since it is new and has individual character; |

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| — | order OHIM to pay the costs pursuant to Article 87 of the Rules of Procedure of the General Court of the European Union. |

Pleas in law

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| — | Infringement of Article 1d of Regulation (EC) No 216/96, the adversarial principle, and the duty to provide a statement of reasons; |

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| — | Objection of res judicata. |

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