CELEX: 62014TN0041
Language: en
Date: 2014-01-15 00:00:00
Title: Case T-41/14: Action brought on 15 January 2014 — Argo Development and Manufacturing v OHIM — Clapbanner (Advertising articles)

28.4.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 129/22
            
         Action brought on 15 January 2014 — Argo Development and Manufacturing v OHIM — Clapbanner (Advertising articles)
   (Case T-41/14)
   2014/C 129/28
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Argo Development and Manufacturing Ltd (Ra'anana, Israel) (represented by: B. Brisset, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Clapbanner Ltd (London, United Kingdom)
   
      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 22 October 2013 given in Case R 981/2012-3;
            
         
               —
            
            
               Order the defendant to pay the costs of proceedings.
            
         
      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 ‘advertising articles’ — registered under No 1684325-0001
   
      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: It was alleged that the design lacked novelty (Article 5 CDR) and individual character (Article 6 CDR)
   
      Decision of the Cancellation Division: Declared the contested RCD invalid
   
      Decision of the Board of Appeal: Granted the appeal and dismissed the application for a declaration of invalidity
   
      Pleas in law: Infringement of Articles 4, 5 and 6 CDR.