Source: EURLEX
Language: en
Format: md

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| 7.12.2013 | EN | Official Journal of the European Union | C 359/16 |

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Action brought on 30 September 2013 — H&M Hennes & Mauritz v OHIM — Yves Saint Laurent (handbags)

(Case T-526/13)

2013/C 359/31

Language in which the application was lodged: English

Parties

Applicant: H&M Hennes & Mauritz BV & Co. KG (Hamburg, Germany) (represented by: H. Hartwig and A. von Mühlendahl, lawyers)

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

Other party to the proceedings before the Board of Appeal: Yves Saint Laurent SAS (Paris, France)

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 8 July 2013 given in Case R 208/2012-3; |

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| — | Declare the registered Community design No 61 3294-0002 invalid; and |

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| — | Order the defendant to pay the costs of proceedings, including those incurred before the Board of Appeal. |

Pleas in law and main arguments

Registered Community design in respect of which a declaration of invalidity has been sought: A design for the product ‘handbags’ in Class 03-01 — registered Community design No 61 3294-0002

Proprietor of the Community design: The other party to the proceedings before the Board of Appeal

Applicant for the declaration of invalidity of the Community design: The applicant

Grounds for the application for a declaration of invalidity: The grounds were those laid down in Articles 4 to 9 and 25(1)(c), (d), (e), (f) and (g) of Council Regulation No 6/2002

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

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 6 of Council Regulation No 6/2002.

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