CELEX: 62010TN0231
Language: en
Date: 2010-05-21 00:00:00
Title: Case T-231/10: Action brought on 21 May 2010 — Merlin and Others v OHIM — Dusyma (Games)

31.7.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 209/43
            
         Action brought on 21 May 2010 — Merlin and Others v OHIM — Dusyma (Games)
   (Case T-231/10)
   ()
   2010/C 209/66
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicants: Merlin Handelsgesellschaft mbH (Forchtenberg, Germany), Rolf Krämer (Forchtenberg), BLS Basteln, Lernen, Spielen GmbH (Forchtenberg), Andreas Hohl (Künzelsau, Germany), represented by: R. Kramer, lawyer
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal of OHIM: Dusyma Kindergartenbedarf GmbH (Schorndorf, Germany)
   
      Form of order sought
   
   
               —
            
            
               annul the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17 March 2010 in Case R 879/2009-3 and declare Community design No 526 801-0011 invalid;
            
         
               —
            
            
               in the alternative, annul the decision of the Third Board of Appeal and refer the case back to the Board of Appeal;
            
         
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               order the defendant to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Registered Community design in respect of which a declaration of invalidity has been sought: Community design No 526 801-0011 for the products ‘Games (including educational games)’.
   
      Proprietor of the Community trade mark: Dusyma Kindergartenbedarf GmbH.
   
      Applicant for the declaration of invalidity: the Applicants.
   
      Decision of the Cancellation Division: Rejection of the application for a declaration of invalidity.
   
      Decision of the Board of Appeal: Dismissal of the appeal.
   
      Pleas in law: Infringement of Article 3 of Council Regulation (EC) No 6/2002 (1) on Community designs, because the Board of Appeal misinterpreted the provisions of that article concerning definitions and did not take into consideration the fact that a Community design can also consist in the appearance of a part of a product.
   
      (1)  Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs (OJ 2002 L 3, p. 1).