Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 28.4.2012 | EN | Official Journal of the European Union | C 126/13 |

---

Judgment of the General Court of 9 March 2012 — Coverpla v OHIM — Heinz-Glas (Phial)

(Case T-450/08)[(1)](#ntr1-C_2012126EN.01001301-E0001)

(Community design - Invalidity proceedings - Registered Community design representing a bottle - Prior design - Ground for invalidity - Disclosure of prior design - Absence of novelty - Articles 5 and 25(1)(b) of Regulation (EC) No 6/2002)

2012/C 126/25

Language of the case: French

Parties

Applicant: Coverpla (Nice, France) (represented by: P. Greffe and M. Chaminade, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Heinz-Glas GmbH (Piesau, Germany) (represented by: M. Pütz-Poulalion, lawyer)

Re:

Action brought against the decision of the Third Board of Appeal of OHIM of 7 July 2008 (Case R 1411/2007-3), relating to invalidity proceedings between Heinz-Glas GmbH and Coverpla in respect of a Community design

Operative part of the judgment

The Court:

|  |  |
| --- | --- |
| 1. | Dismisses the action; |

|  |  |
| --- | --- |
| 2. | Orders Coverpla to pay the costs. |

---

[Top](#document1)