CELEX: 62012TN0357
Language: en
Date: 2012-08-07 00:00:00
Title: Case T-357/12: Action brought on 7 August 2012 — Sachi Premium-Outdoor Furniture v OHIM — Gandia Blasco (Armchairs)

13.10.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 311/13
            
         Action brought on 7 August 2012 — Sachi Premium-Outdoor Furniture v OHIM — Gandia Blasco (Armchairs)
   (Case T-357/12)
   2012/C 311/17
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Sachi Premium — Outdoor Furniture, Lda (Estarreja, Portugal) (represented by: M. Oehen Mendes, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Gandia Blasco, SA (Valencia, Spain)
   
      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 27 April 2012 (R 969/2011-3);
            
         
               —
            
            
               Declare the contested Community Design No 1512633-0003 invalid; and
            
         
               —
            
            
               Order the defendant to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Registered Community design trade mark in respect of which a declaration of invalidity has been sought: A design for ‘armchairs, loungers’ — registered Community design No 1512633-0003
   
      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: The other party to the proceedings before the Board of Appeal requested the invalidation of the RCD based on Articles 4 to 9 of Council Regulation No 6/2002; Community design registration No 52113-0001, for ‘armchairs’
   
      Decision of the Invalidity Division: Rejected the application for a declaration of invalidity
   
      Decision of the Board of Appeal: Annulled the contested decision and declared the contested Registered Community design invalid
   
      Pleas in law: Infringement of Articles 5 to 7 of Council Regulation No 6/2002.