Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 6.4.2013 | EN | Official Journal of the European Union | C 101/19 |

---

Action brought on 16 January 2013 — Senz Technologies/OHIM — Impliva (Umbrellas)

(Case T-22/13)

2013/C 101/41

Language in which the application was lodged: English

Parties

Applicant: Senz Technologies BV (Delft, Netherlands) (represented by: W. Hoyng and C. Zeri, lawyers)

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

Other party to the proceedings before the Board of Appeal: Impliva BV (Amsterdam, Netherlands)

Form of order sought

The applicant claims that the Court should:

|  |  |
| --- | --- |
| — | To annul the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) dated 26 September 2012 in Case R 2453/2010-3; |

|  |  |
| --- | --- |
| — | Uphold the arguments put forward before the General Court and declare the registration of the Registered Community Design with no. 000579032-0001 to be valid; |

|  |  |
| --- | --- |
| — | Order the Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) to bear its own costs and pay those of the applicant. |

Pleas in law and main arguments

Registered Community trade design in respect of which a declaration of invalidity has been sought: The trade design ‘Umbrellas’ — Registered Community design No 000579032-0001

Proprietor of the Community trade design: The applicant

Applicant for the declaration of invalidity of the Community trade design: Impliva BV

Grounds for the application for a declaration of invalidity: The application for a declaration of invalidity was based on Articles 4 and 9 Council Regulation No 6/2002

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

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 7(1) and Articles 6 in connection with 25 (1)(b) of Council Regulation No 6/2002.

---

[Top](#document1)