Case T-280/15: Action brought on 26 May 2015 — Pirelli Tyre v OHIM (Tyre treads)
C2702015EN3210120150526EN0039321321
Action brought on 26 May 2015 — Pirelli Tyre v OHIM (Tyre treads)
(Case T-280/15)2015/C 270/39Language of the case: Italian
Parties
Applicant: Pirelli Tyre SpA (Milan, Italy) (represented by: D. Caneva and G. Fucci, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Details of the proceedings before OHIM
Design at issue: Community design (Tyre treads) — Community design No 4 692-0002
Contested decision: Decision of the Third Board of Appeal of OHIM of 8 January 2015 in Case R 1286/2014-3
Form of order sought
The applicant claims that the Court should:
—
annul the contested decision;
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grant the application for restitutio in integrum made by Pirelli Tyre SpA in accordance with Article 67 of Regulation No 6/2002/EC on Community designs, by declaring that the payment of the renewal fee relating to the second five-year period by way of a withdrawal from current account No 000069 under the name of Bugnion SpA is lawful and that, therefore, the right to the design at issue is still valid;
—
order OHIM to pay the costs incurred by Pirelli Tyre SpA in the present proceedings.
Plea in law
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Infringement of Article 67 of Regulation No 6/2002/EC on Community designs.
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