CELEX: 62013TN0526
Language: en
Date: 2013-09-30 00:00:00
Title: Case T-526/13: Action brought on 30 September 2013 — H&M Hennes & Mauritz v OHIM — Yves Saint Laurent (handbags)

7.12.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 359/16
            
         Action brought on 30 September 2013 — H&M Hennes & Mauritz v OHIM — Yves Saint Laurent (handbags)
   (Case T-526/13)
   2013/C 359/31
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: H&M Hennes & Mauritz BV & Co. KG (Hamburg, Germany) (represented by: H. Hartwig and A. von Mühlendahl, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Yves Saint Laurent SAS (Paris, France)
   
      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 8 July 2013 given in Case R 208/2012-3;
            
         
               —
            
            
               Declare the registered Community design No 61 3294-0002 invalid; and
            
         
               —
            
            
               Order the defendant to pay the costs of proceedings, including those incurred before the Board of Appeal.
            
         
      Pleas in law and main arguments
   
   
      Registered Community design in respect of which a declaration of invalidity has been sought: A design for the product ‘handbags’ in Class 03-01 — registered Community design No 61 3294-0002
   
      Proprietor of the Community design: The other party to the proceedings before the Board of Appeal
   
      Applicant for the declaration of invalidity of the Community design: The applicant
   
      Grounds for the application for a declaration of invalidity: The grounds were those laid down in Articles 4 to 9 and 25(1)(c), (d), (e), (f) and (g) of Council Regulation No 6/2002
   
      Decision of the Cancellation Division: Rejected the application for a declaration of invalidity
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 6 of Council Regulation No 6/2002.