CELEX: 62008TN0010
Language: en
Date: 2008-01-07 00:00:00
Title: Case T-10/08: Action brought on 7 January 2008 — Kwang Yang Motor v OHIM — Honda Giken Kogyo (Representation of an internal-combustion engine)

8.3.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 64/58
            
         Action brought on 7 January 2008 — Kwang Yang Motor v OHIM — Honda Giken Kogyo (Representation of an internal-combustion engine)
   (Case T-10/08)
   (2008/C 64/93)
   Language in which the application was lodged: English
   Parties
   
      Applicant: Kwang Yang Motor Co. Ltd (Kaohsiung City, Taiwan) (represented by: P. Rath and W. Festl-Wietek, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Honda Giken Kogyo Kabushiki Kaisha Co. Ltd (Tokyo, Japan)
   Form of order sought
   
               —
            
            
               Annulment of the decision of the Third Board of Appeal of the OHIM of 8 October 2007 served to the representatives of the applicant on 30 October 2007, in Case R 1337/2006-3;
            
         
               —
            
            
               order the OHIM to pay the costs of the proceedings before the Court and Board of Appeal.
            
         Pleas in law and main arguments
   
      Registered Community design subject of the application for a declaration of invalidity: Registered Community design for an ‘Internal-combustion engine’ — Community Design No 000 163 290 — 0001
   
      Proprietor of the Community design: The applicant
   
      Party requesting the declaration of invalidity of the Community design: Honda Giken Kogyo Kabushiki Kaisha Co. Ltd
   
      Design of the party requesting the declaration of invalidity: Registered US design in respect for an ‘internal-combustion engine’ — Patent No D 367 070
   
      Decision of the Invalidity Division: Rejected the application for invalidity in its entirety
   
      Decision of the Board of Appeal: Annulled the decision of the Invalidity Division and declared the design invalid
   
      Pleas in law: Infringement of Articles 4 and 6 of Council Regulation (EC) No 6/2002 on Community Designs.