Source: EURLEX
Language: en
Format: md

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| 25.1.2014 | EN | Official Journal of the European Union | C 24/35 |

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Action brought on 20 November 2013 — AIC v OHIM — ACV Manufacturing (Heat exchanger inserts)

(Case T-616/13)

2014/C 24/65

Language in which the application was lodged: English

Parties

Applicant: AIC S.A. (Gdynia, Poland) (represented by: J. Radłowski, lawyer)

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

Other party to the proceedings before the Board of Appeal: ACV Manufacturing (Seneffe, Belgium)

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 10 September 2013 given in Case R 293/2012-3; |

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| — | Order the defendant to pay the costs of the present proceedings and those incurred before the Board of Appeal. |

Pleas in law and main arguments

Registered Community design in respect of which a declaration of invalidity has been sought: The design for a product described as ‘heat exchanger inserts’ — Registered Community Design No 1 137 152-0001

Proprietor of the Community design: The applicant

Applicant for the declaration of invalidity of the Community design: The other party to the proceedings before the Board of Appeal

Grounds for the application for a declaration of invalidity: It was alleged that the design did not fulfil the requirements of Article 4(1) and (2), in conjunction with Articles 5 and 6 and in particular Article 8(1) and (2) CDR

Decision of the Cancellation Division: Declared the contested RCD invalid

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 25(1)(b) in conjunction with Article 4(2) CDR.

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