CELEX: 62012TA0357
Language: en
Date: 2014-02-04 00:00:00
Title: Case T-357/12: Judgment of the General Court of 4 February 2014 — Sachi Premium-Outdoor Furniture v OHIM — Gandia Blasco (Armchair) (Community design — Invalidity proceedings — Registered Community design representing an armchair — Earlier design — Ground for invalidity — Lack of individual character — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002)

15.3.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 78/10
            
         Judgment of the General Court of 4 February 2014 — Sachi Premium-Outdoor Furniture v OHIM — Gandia Blasco (Armchair)
   (Case T-357/12) (1)
   
   (Community design - Invalidity proceedings - Registered Community design representing an armchair - Earlier design - Ground for invalidity - Lack of individual character - Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002)
   2014/C 78/19
   Language of the case: 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) (represented by: A. Folliard-Monguiral, acting as Agent)
   
      Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Gandia Blasco, SA (Valencia, Spain) (represented by: I. Sempere Massa, lawyer)
   
      Re:
   
   Action brought against the decision of the Third Board of Appeal of OHIM of 27 April 2012 (Case R 969/2011-3) in relation to invalidity proceedings between Gandia Blasco, SA and Sachi Premium-Outdoor Furniture, Lda.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders Sachi Premium-Outdoor Furniture Lda to pay its own costs and also the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM);
            
         
               3.
            
            
               Orders Gandia Blasco, SA to pay its own costs.
            
         
      (1)  OJ C 311, 13.10.2012.