CELEX: 62012TN0339
Language: en
Date: 2012-07-30 00:00:00
Title: Case T-339/12: Action brought on 30 July 2012 — Gandia Blasco v OHIM — Sachi Premium — Outdoor Furniture (Armchairs)

29.9.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 295/28
            
         Action brought on 30 July 2012 — Gandia Blasco v OHIM — Sachi Premium — Outdoor Furniture (Armchairs)
   (Case T-339/12)
   2012/C 295/50
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Gandia Blasco, SA (Valencia, Spain) (represented by: I. Sempere Massa, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Sachi Premium — Outdoor Furniture, Lda (Estarreja, Portugal)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade marks and Designs) of 25 May 2012 (R 970/2011-3) Declare the contested Community Design No 1512633-0001 invalid; and
            
         
               —
            
            
               Order OHIM to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Registered Community design in respect of which a declaration of invalidity has been sought: A design for ‘armchairs, loungers’ — registered Community design No 1512633-0001
   
      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 invalidation of the RCD based on Articles 4 to 9 of Council Regulation No 6/2002; Community design registration No 52113-0001, for ‘armchairs’
   
      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 Articles 4 to 9 of Council Regulation No 6/2002