CELEX: 62012TN0508
Language: en
Date: 2012-11-19 00:00:00
Title: Case T-508/12: Action brought on 19 November 2012 — Automobile Association v OHIM — Duncan Petersen Publishing (Folders)

26.1.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 26/64
            
         Action brought on 19 November 2012 — Automobile Association v OHIM — Duncan Petersen Publishing (Folders)
   (Case T-508/12)
   2013/C 26/126
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: The Automobile Association Ltd (St. Helier, United Kingdom) (represented by: N. Walker, Solicitor)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Duncan Petersen Publishing Ltd (London, United Kingdom)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
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               Annul the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 September 2012 in case R 172/2011-3, and remit the matter back to OHIM for reconsideration; and.
            
         
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               Order OHIM to pay the costs of the applicant.
            
         
      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 ‘folders’ — registered Community design No 1121404-0001
   
      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 applicant requested the invalidity of the RCD based on Articles 4 to 9 of Council Regulation No 6/2002
   
      Decision of the Invalidity Division: Rejected the application for a declaration of invalidity
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law:
   
   
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               Infringement of Article 8 of Council Regulation No 6/2002;
            
         
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               Infringement of Article 8(2) in conjunction with Article 62 of Council Regulation No 6/2002; and
            
         
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               Infringement of Article 25(1)(a) in conjunction with Article 3(a) of Council Regulation No 6/2002.