27.4.2015
EN
Official Journal of the European Union
C 138/60
Action brought on 25 February 2015 — Tubes Radiatori v OHIM — Antrax It (Heating radiators)
(Case T-98/15)
(2015/C 138/78)
Language in which the application was lodged: Italian
Parties
Applicant: Tubes Radiatori Srl (Resana, Italy) (represented by: S. Verea, K. Muraro, M. Balestriero and P. Menapace, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Antrax It Srl (Resana, Italy)
Details of the proceedings before OHIM
Proprietor of the design at issue: Applicant
Design at issue: Community design for ‘heating radiators’ — Community design No 169 370-0002
Contested decision: Decision of the Third Board of Appeal of OHIM of 9 December 2014 in Case R 1643/2014-3
Form of order sought
The applicant claims that the Court should:
—
annul the contested decision and, consequently, find and declare that Community design No 169 370-0002, belonging to Tubes Radiatori Srl, is valid, since it is new and has individual character;
—
order OHIM to pay the costs pursuant to Article 87 of the Rules of Procedure of the General Court of the European Union.
Pleas in law
—
Infringement of Article 1d of Regulation (EC) No 216/96, the adversarial principle, and the duty to provide a statement of reasons;
—
Objection of res judicata.
Full & Egal Universal Law Academy