Source: EURLEX
Language: en
Format: md

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| 1.5.2010 | EN | Official Journal of the European Union | C 113/57 |

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Action brought on 16 February 2010 — Bell & Ross v OHIM — Klockgrossisten i Norden (Representation of a watch)

(Case T-80/10)

2010/C 113/88

Language in which the application was lodged: French

Parties

Applicant: Bell & Ross BV (Zoetermeer, Netherlands) (represented by: S. Guerlain, lawyer)

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

Other party/parties to the proceedings before the Board of Appeal of OHIM: Klockgrossisten i Norden (Väsby, Sweden)

Form of order sought

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| — | Annul the decision of the Third Board of Appeal of 9 September 2009 in Case R 1285/2008-3 notified on 16 December 2009 to the representatives of the company BELL & ROSS BV on grounds of:   |  |  | | --- | --- | | — | infringement of Article 91 of Council Regulation No 6/2002 on Community designs; |  |  |  | | --- | --- | | — | infringement of Articles 57 and 63 of Council Regulation No 6/2002 on Community designs and Article 6 of the European Convention on Human Rights; |  |  |  | | --- | --- | | — | infringement of Article 6 of Council Regulation No 6/2002 on Community designs. | |

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| — | Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs. |

Pleas in law and main arguments

Registered Community design in respect of which a declaration of invalidity has been sought: No 342 951 (watches)

Proprietor of the Community design: the applicant

Applicant for the declaration of invalidity: Klockgrossisten i Norden

Decision of the Cancellation Division: Community design declared invalid

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: infringement of Articles 6, 57, 63 and 91 of Council Regulation No (EC) 6/2002 of 12 December 2001 on Community designs.

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