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Case T-339/12: Action brought on 30 July 2012 — Gandia Blasco v OHIM — Sachi Premium — Outdoor Furniture (Armchairs)
ECLI:EU:UNKNOWN:62012TN0339
62012TN0339
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Valentina R., lawyer
29.9.2012
EN
Official Journal of the European Union
C 295/28
(Case T-339/12)
2012/C 295/50
Language in which the application was lodged: English
Parties
Applicant: Gandia Blasco, SA (Valencia, Spain) (represented by: I. Sempere Massa, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Sachi Premium — Outdoor Furniture, Lda (Estarreja, Portugal)
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 25 May 2012 (R 970/2011-3) Declare the contested Community Design No 1512633-0001 invalid; and
—Order OHIM to pay the costs.
Pleas in law and main arguments
Registered Community design in respect of which a declaration of invalidity has been sought: A design for ‘armchairs, loungers’ — registered Community design No 1512633-0001
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 applicant 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 Cancellation Division: Rejected the application for a declaration of invalidity
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Articles 4 to 9 of Council Regulation No 6/2002