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Case T-80/10: Judgment of the General Court of 25 April 2013 — Bell & Ross v OHIM — KIN (Wristwatch case) (Community design — Invalidity proceedings — Registered Community design or model representing a wristwatch case — Earlier design — Ground for invalidity — Lack of individual character — Overall impression not different — Informed user — Degree of freedom of the designer — Articles 4, 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 — Related to a counterclaim for a declaration of invalidity — Community design court — Article 91 of Regulation No 6/2002)

ECLI:EU:UNKNOWN:62010TA0080

62010TA0080

April 25, 2013
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15.6.2013

Official Journal of the European Union

C 171/26

Judgment of the General Court of 25 April 2013 — Bell & Ross v OHIM — KIN (Wristwatch case)

(Case T-80/10)(<span class="super">1</span>)

(Community design - Invalidity proceedings - Registered Community design or model representing a wristwatch case - Earlier design - Ground for invalidity - Lack of individual character - Overall impression not different - Informed user - Degree of freedom of the designer - Articles 4, 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 - Related to a counterclaim for a declaration of invalidity - Community design court - Article 91 of Regulation No 6/2002)

2013/C 171/49

Language of the case: French

Parties

Applicant: Bell &amp; Ross BV (Zoetermeer, Netherlands) (represented by: S. Guerlain, 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: KIN AB (Upplands Väsby, Sweden) (represented by: M. Nielsen and C. Galichet, lawyers)

Re:

Action brought against the decision of the Third Board of Appeal of OHIM of 9 December 2009 (Case R 1285/2008-3), relating to invalidity proceedings between Klockgrossisten i Norden AB and Bell &amp; Ross BV.

Operative part of the judgment

The Court:

1.Dismisses the action.

2.Orders Bell &amp; Ross BV to pay the costs, including those incurred by KIN AB in the proceedings before the Board of Appeal.

(<span class="super">1</span>) OJ C 113, 1.5.2010

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