CELEX: 62014TN0212
Language: en
Date: 2014-03-31 00:00:00
Title: Case T-212/14: Action brought on 31 March 2014 — PSL/OHIM — Consortium Ménager Parisien (Representation of a watch)

28.7.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 245/17
            
         Action brought on 31 March 2014 — PSL/OHIM — Consortium Ménager Parisien (Representation of a watch)
   (Case T-212/14)
   2014/C 245/23
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: PSL Ltd (Kowloon, Hong-Kong) (represented by: R. Dissmann and J. Bogatz, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Consortium Ménager Parisien (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 20 January 2014 in Case R 1495/2012-3;
            
         
               —
            
            
               Order the defendant to pay the costs of the proceedings before the court as well as the appeal proceedings before the Board of Appeals.
            
         
      Pleas in law and main arguments
   
   
      Registered Community design in respect of which a declaration of invalidity has been sought: Design representing a watch for goods in Class 10-02 — Community Design No 1 600 560-0001
   
      Proprietor of the Community design: The applicant
   
      Applicant for the declaration of invalidity of the Community design: Consortium Menager Parisien
   
      Grounds for the application for a declaration of invalidity: Lack of individual character within the meaning of Article 6(1)(b) of Regulation No 6/2002
   
      Decision of the Cancellation Division: Rejected the application for invalidity
   
      Decision of the Board of Appeal: Annulled the contested decision and declared the contested design invalid
   
      Pleas in law: Infringement of Article 6 of Regulation No 6/2002