CELEX: 62010TN0080
Language: en
Date: 2010-02-16 00:00:00
Title: Case T-80/10: Action brought on 16 February 2010 — Bell & Ross v OHIM — Klockgrossisten i Norden (Representation of a watch)

1.5.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 113/57
            
         Action brought on 16 February 2010 — Bell & Ross v OHIM — Klockgrossisten i Norden (Representation of a watch)
   (Case T-80/10)
   2010/C 113/88
   Language in which the application was lodged: French
   
      Parties
   
   
      Applicant: Bell & Ross BV (Zoetermeer, Netherlands) (represented by: S. Guerlain, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party/parties to the proceedings before the Board of Appeal of OHIM: Klockgrossisten i Norden (Väsby, Sweden)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the Third Board of Appeal of 9 September 2009 in Case R 1285/2008-3 notified on 16 December 2009 to the representatives of the company BELL & ROSS BV on grounds of:
               
                           —
                        
                        
                           infringement of Article 91 of Council Regulation No 6/2002 on Community designs;
                        
                     
                           —
                        
                        
                           infringement of Articles 57 and 63 of Council Regulation No 6/2002 on Community designs and Article 6 of the European Convention on Human Rights;
                        
                     
                           —
                        
                        
                           infringement of Article 6 of Council Regulation No 6/2002 on Community designs.
                        
                     
         
               —
            
            
               Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Registered Community design in respect of which a declaration of invalidity has been sought: No 342 951 (watches)
   
      Proprietor of the Community design: the applicant
   
      Applicant for the declaration of invalidity: Klockgrossisten i Norden
   
      Decision of the Cancellation Division: Community design declared invalid
   
      Decision of the Board of Appeal: Appeal dismissed
   
      Pleas in law: infringement of Articles 6, 57, 63 and 91 of Council Regulation No (EC) 6/2002 of 12 December 2001 on Community designs.