Source: EURLEX
Language: en
Format: md

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| 28.4.2014 | EN | Official Journal of the European Union | C 129/22 |

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Action brought on 15 January 2014 — Argo Development and Manufacturing v OHIM — Clapbanner (Advertising articles)

(Case T-41/14)

(2014/C 129/28)

Language in which the application was lodged: English

Parties

Applicant: Argo Development and Manufacturing Ltd (Ra'anana, Israel) (represented by: B. Brisset, lawyer)

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

Other party to the proceedings before the Board of Appeal: Clapbanner Ltd (London, United Kingdom)

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 22 October 2013 given in Case R 981/2012-3; |

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| — | Order the defendant to pay the costs of proceedings. |

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 ‘advertising articles’ — registered under No 1684325-0001

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: It was alleged that the design lacked novelty (Article 5 CDR) and individual character (Article 6 CDR)

Decision of the Cancellation Division: Declared the contested RCD invalid

Decision of the Board of Appeal: Granted the appeal and dismissed the application for a declaration of invalidity

Pleas in law: Infringement of Articles 4, 5 and 6 CDR.

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