CELEX: 62013TN0039
Language: en
Date: 2013-01-25 00:00:00
Title: Case T-39/13: Action brought on 25 January 2013 — Cezar/OHIM — Poli-Eco (Skirting boards)

6.4.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 101/21
            
         Action brought on 25 January 2013 — Cezar/OHIM — Poli-Eco (Skirting boards)
   (Case T-39/13)
   2013/C 101/45
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Cezar Przedsiębiorstwo Produkcyjne Dariusz Bogdan Niewiński (Ełk, Poland) (represented by: M. Nentwig and G. Becker, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Poli-Eco Tworzywa Sztuczne sp. z o.o. (Szprotawa, Poland)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of November 8, 2012 (case R 1512/2010-3);
            
         
               —
            
            
               Order the defendant to bear the costs.
            
         
      Pleas in law and main arguments
   
   
      Registered Community trade design in respect of which a declaration of invalidity has been sought: The trade design ‘skirting boards’ — Registered Community design No 70 438-0002
   
      Proprietor of the Community trade design: The applicant
   
      Applicant for the declaration of invalidity of the Community trade design: The other party to the proceedings before the Board of Appeal
   
      Grounds for the application for a declaration of invalidity: The application for a declaration of invalidity was based on a lack of novelty and individual character pursuant to Article 25 (1)(b) in conjunction with Articles 4 to 6 of Council Regulation No 6/2002
   
      Decision of the Cancellation Division: Declared the contested RCD invalid
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Articles 25(1)(b), 63(1) and 62(1) of the Council Regulation No 6/2002.