Source: EURLEX
Language: en
Format: md

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| 11.8.2014 | EN | Official Journal of the European Union | C 261/26 |

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Action brought on 14 May 2014 — Roca Sanitario v OHIM — Villeroy & Boch (Taps)

(Case T-334/14)

2014/C 261/49

Language in which the application was lodged: Spanish

Parties

Applicant: Roca Sanitario, SA (Barcelona, Spain) (represented by: R. Guerras Mazón, lawyer)

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

Other party to the proceedings before the Board of Appeal: Villeroy & Boch AG (Mettlach, Germany)

Form of order sought

The applicant claims that the Court should:

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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 21 February 2014, in Case R 812/2012-3; |

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| — | make an order for costs against OHIM and, as the case may be, the intervener if the latter enters an appearance and contests the action. |

Pleas in law and main arguments

Registered Community design in respect of which a declaration of invalidity has been sought: Design of a tap — Community design registration number No 1 264 568-0004

Proprietor of the Community design: Applicant

Party requesting the declaration of invalidity of the Community design: Villeroy & Boch AG

Grounds for the application for a declaration of invalidity: Lack of novelty and of individual character compared with its own design for a tap (No 00 584 560-0004)

Decision of the Cancellation Division: Application for a declaration of invalidity upheld

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Breach of Article 6 of Regulation No 6/2002 in conjunction with Article 25(1)(b) of the same regulation.

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