Source: EURLEX
Language: en
Format: md

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| 29.9.2012 | EN | Official Journal of the European Union | C 295/28 |

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Action brought on 30 July 2012 — Gandia Blasco v OHIM — Sachi Premium — Outdoor Furniture (Armchairs)

(Case T-339/12)

2012/C 295/50

Language in which the application was lodged: English

Parties

Applicant: Gandia Blasco, SA (Valencia, Spain) (represented by: I. Sempere Massa, lawyer)

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

Other party to the proceedings before the Board of Appeal: Sachi Premium — Outdoor Furniture, Lda (Estarreja, Portugal)

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 25 May 2012 (R 970/2011-3) Declare the contested Community Design No 1512633-0001 invalid; and |

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| — | Order OHIM to pay the costs. |

Pleas in law and main arguments

Registered Community design in respect of which a declaration of invalidity has been sought: A design for ‘armchairs, loungers’ — registered Community design No 1512633-0001

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

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 4 to 9 of Council Regulation No 6/2002

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