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Case T-246/10: Judgment of the General Court of 6 October 2011 — Industrias Francisco Ivars v OHIM — Motive (Mechanical speed reducer) (Community design — Invalidity proceedings — Registered Community design representing a mechanical speed reducer — Earlier Community design — Ground of invalidity — No individual character — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002)
ECLI:EU:UNKNOWN:62010TA0246
62010TA0246
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19.11.2011
Official Journal of the European Union
C 340/19
(Case T-246/10) (<span class="super">1</span>)
(Community design - Invalidity proceedings - Registered Community design representing a mechanical speed reducer - Earlier Community design - Ground of invalidity - No individual character - Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002)
2011/C 340/37
Language of the case: Spanish
Parties
Applicant: Industrias Francisco Ivars, SL (Xeraco, Spain) (represented by: E. Caballero Oliver and A. Sanz-Bermell y Martínez, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Motive Srl (Montirone, Italy) (represented by: I. Valdelomar Serrano and J. Mora Granell, lawyers)
Re:
Action brought against the decision of the Third Board of Appeal of OHIM of 16 March 2010 (Case R 1337/2008-3) relating to invalidity proceedings between Motive Srl and Industrias Francisco Ivars, SL.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Industrias Francisco Ivars, SL to pay the costs.
(<span class="super">1</span>) OJ C 195, 17.7.2010.