CELEX: 62010TN0246
Language: en
Date: 2010-05-25 00:00:00
Title: Case T-246/10: Action brought on 25 May 2010 — Industrias Francisco Ivars v OHIM — Motive (Speed reducers)

17.7.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 195/31
            
         Action brought on 25 May 2010 — Industrias Francisco Ivars v OHIM — Motive (Speed reducers)
   (Case T-246/10)
   2010/C 195/51
   Language in which the application was lodged: Spanish
   
      Parties
   
   
      Applicant: Industrias Francisco Ivars, SL (Xeraco, Spain) (represented by: E. Caballero Oliver and A. Sanz-Bermell y Martínez, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
   
      Other party to the proceedings before the Board of Appeal of OHIM: Motive S.r.l.
   
      Form of order sought
   
   
               —
            
            
               annul the contested decision and, accordingly, dismiss the opposition brought by MOTIVE S.r.l., and declare that the grant of Community Design No 000625702-001 for ‘reducers’ is well founded;
            
         
               —
            
            
               order OHIM to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Registered Community trade mark in respect of which a declaration of invalidity has been sought: Community Design No 625702-0001 for Reducers in Class 15/01 (Motors)).
   
      Proprietor of the Community trade mark: Industrias Francisco Ivars, SL
   
      Applicant for the declaration of invalidity: Motive S.r.l.
   
      Trade mark right of applicant for the declaration: Community Design No 73952-0001
   
      Decision of the Cancellation Division: Dismissal of the application for a declaration of invalidity
   
      Decision of the Board of Appeal: Annulment of the decision of the Cancellation Division and declaration of invalidity of the Community design concerned.
   
      Pleas in law: Incorrect interpretation and application of Articles 4, 5 and 7 of Regulation No 6/2002 on Community designs.