1.5.2010
EN
Official Journal of the European Union
C 113/57
Action brought on 16 February 2010 — Bell & Ross v OHIM — Klockgrossisten i Norden (Representation of a watch)
(Case T-80/10)
2010/C 113/88
Language in which the application was lodged: French
Parties
Applicant: Bell & Ross BV (Zoetermeer, Netherlands) (represented by: S. Guerlain, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party/parties to the proceedings before the Board of Appeal of OHIM: Klockgrossisten i Norden (Väsby, Sweden)
Form of order sought
—
Annul the decision of the Third Board of Appeal of 9 September 2009 in Case R 1285/2008-3 notified on 16 December 2009 to the representatives of the company BELL & ROSS BV on grounds of:
—
infringement of Article 91 of Council Regulation No 6/2002 on Community designs;
—
infringement of Articles 57 and 63 of Council Regulation No 6/2002 on Community designs and Article 6 of the European Convention on Human Rights;
—
infringement of Article 6 of Council Regulation No 6/2002 on Community designs.
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Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs.
Pleas in law and main arguments
Registered Community design in respect of which a declaration of invalidity has been sought: No 342 951 (watches)
Proprietor of the Community design: the applicant
Applicant for the declaration of invalidity: Klockgrossisten i Norden
Decision of the Cancellation Division: Community design declared invalid
Decision of the Board of Appeal: Appeal dismissed
Pleas in law: infringement of Articles 6, 57, 63 and 91 of Council Regulation No (EC) 6/2002 of 12 December 2001 on Community designs.
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