13.10.2012
EN
Official Journal of the European Union
C 311/13
Action brought on 7 August 2012 — Sachi Premium-Outdoor Furniture v OHIM — Gandia Blasco (Armchairs)
(Case T-357/12)
2012/C 311/17
Language in which the application was lodged: English
Parties
Applicant: Sachi Premium — Outdoor Furniture, Lda (Estarreja, Portugal) (represented by: M. Oehen Mendes, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Gandia Blasco, SA (Valencia, Spain)
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 27 April 2012 (R 969/2011-3);
—
Declare the contested Community Design No 1512633-0003 invalid; and
—
Order the defendant to pay the costs.
Pleas in law and main arguments
Registered Community design trade mark in respect of which a declaration of invalidity has been sought: A design for ‘armchairs, loungers’ — registered Community design No 1512633-0003
Proprietor of the Community design: The applicant
Applicant for the declaration of invalidity of the Community design: The other party to the proceedings before the Board of Appeal
Grounds for the application for a declaration of invalidity: The other party to the proceedings before the Board of Appeal 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 Invalidity Division: Rejected the application for a declaration of invalidity
Decision of the Board of Appeal: Annulled the contested decision and declared the contested Registered Community design invalid
Pleas in law: Infringement of Articles 5 to 7 of Council Regulation No 6/2002.
Full & Egal Universal Law Academy