7.12.2013
EN
Official Journal of the European Union
C 359/16
Action brought on 30 September 2013 — H&M Hennes & Mauritz v OHIM — Yves Saint Laurent (handbags)
(Case T-526/13)
2013/C 359/31
Language in which the application was lodged: English
Parties
Applicant: H&M Hennes & Mauritz BV & Co. KG (Hamburg, Germany) (represented by: H. Hartwig and A. von Mühlendahl, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Yves Saint Laurent SAS (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 8 July 2013 given in Case R 208/2012-3;
—
Declare the registered Community design No 61 3294-0002 invalid; and
—
Order the defendant to pay the costs of proceedings, including those incurred before the Board of Appeal.
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 ‘handbags’ in Class 03-01 — registered Community design No 61 3294-0002
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 grounds were those laid down in Articles 4 to 9 and 25(1)(c), (d), (e), (f) and (g) of Council Regulation No 6/2002
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 Article 6 of Council Regulation No 6/2002.
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