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Case T-357/12: Judgment of the General Court of 4 February 2014 — Sachi Premium-Outdoor Furniture v OHIM — Gandia Blasco (Armchair) (Community design — Invalidity proceedings — Registered Community design representing an armchair — Earlier design — Ground for invalidity — Lack of individual character — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002)
ECLI:EU:UNKNOWN:62012TA0357
62012TA0357
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15.3.2014
Official Journal of the European Union
C 78/10
(Case T-357/12)(<span class="super">1</span>)
(Community design - Invalidity proceedings - Registered Community design representing an armchair - Earlier design - Ground for invalidity - Lack of individual character - Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002)
2014/C 78/19
Language of the case: English
Parties
Applicant: Sachi Premium-Outdoor Furniture, Lda (Estarreja, Portugal) (represented by: M. Oehen Mendes, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Gandia Blasco, SA (Valencia, Spain) (represented by: I. Sempere Massa, lawyer)
Re:
Action brought against the decision of the Third Board of Appeal of OHIM of 27 April 2012 (Case R 969/2011-3) in relation to invalidity proceedings between Gandia Blasco, SA and Sachi Premium-Outdoor Furniture, Lda.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Sachi Premium-Outdoor Furniture Lda to pay its own costs and also the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM);
3.Orders Gandia Blasco, SA to pay its own costs.
(<span class="super">1</span>) OJ C 311, 13.10.2012.