CELEX: 62012TN0315
Language: en
Date: 2012-07-13 00:00:00
Title: Case T-315/12: Action brought on 13 July 2012 — Tubes Radiatori v OHIM — Antrax It (Radiators for heating)

8.9.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 273/21
            
         Action brought on 13 July 2012 — Tubes Radiatori v OHIM — Antrax It (Radiators for heating)
   (Case T-315/12)
   2012/C 273/35
   Language in which the application was lodged: Italian
   
      Parties
   
   
      Applicant: Tubes Radiatori Srl (Resana, Italy) (represented by: S. Verea, K. Muraro and M. Balestriero, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Antrax It Srl (Resana, Italy)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the Third Board of Appeal of OHIM of 3 April 2012 in Case R 953/2011-3 and, thereby, declare that Community design No 000 169 370-0002 owned by TUBES RADIATORI Srl is valid, in so far as it is new and has individual character;
            
         
               —
            
            
               Order the defendant to pay the costs, in accordance with Article 87 of the Rules of Procedure of the Court of First Instance of the Eurpopean Communities of 2 May 1991.
            
         
      Pleas in law and main arguments
   
   
      Registered Community trade mark in respect of which a declaration of invalidity has been sought: Radiators for heating — Community design No 169 370-0002
   
      Proprietor of the Community trade mark: the applicant
   
      Applicant for the declaration of invalidity of the Community trade mark: Antrax It Srl
   
      Grounds for the application for a declaration of invalidity: Breach of Articles 4 and 9 of the Regulation on Community designs (CDR), in particular the ground for invalidity referred to in Article 25(1)(b) CDR, on the basis of lack of individual character for the purpose of Article 6(1)(b) CDR
   
      Decision of the Cancellation Division: Declared the Community design invalid
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Breach of Articles 4, 5 and 6 of Regulation No 6/2002