CELEX: 62013TN0022
Language: en
Date: 2013-01-16 00:00:00
Title: Case T-22/13: Action brought on 16 January 2013 — Senz Technologies/OHIM — Impliva (Umbrellas)

6.4.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 101/19
            
         Action brought on 16 January 2013 — Senz Technologies/OHIM — Impliva (Umbrellas)
   (Case T-22/13)
   2013/C 101/41
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Senz Technologies BV (Delft, Netherlands) (represented by: W. Hoyng and C. Zeri, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Impliva BV (Amsterdam, Netherlands)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               To annul the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) dated 26 September 2012 in Case R 2453/2010-3;
            
         
               —
            
            
               Uphold the arguments put forward before the General Court and declare the registration of the Registered Community Design with no. 000579032-0001 to be valid;
            
         
               —
            
            
               Order the Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) to bear its own costs and pay those of the applicant.
            
         
      Pleas in law and main arguments
   
   
      Registered Community trade design in respect of which a declaration of invalidity has been sought: The trade design ‘Umbrellas’ — Registered Community design No 000579032-0001
   
      Proprietor of the Community trade design: The applicant
   
      Applicant for the declaration of invalidity of the Community trade design: Impliva BV
   
      Grounds for the application for a declaration of invalidity: The application for a declaration of invalidity was based on Articles 4 and 9 Council Regulation No 6/2002
   
      Decision of the Cancellation Division: Upheld the application for a declaration of invalidity
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 7(1) and Articles 6 in connection with 25 (1)(b) of Council Regulation No 6/2002.