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Case T-251/14: Action brought on 22 April 2014 — Promarc Technics v OHIM — PIS (Part of doors)
ECLI:EU:UNKNOWN:62014TN0251
62014TN0251
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7.7.2014
EN
Official Journal of the European Union
C 212/36
(Case T-251/14)
2014/C 212/47
Language of the case: Polish
Parties
Applicant: Promarc Technics s.c. Tomasz Pokrywa, Rafał Natorski (Zabierzów, Poland) (represented by: J. Radłowski, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Petrycki i Sorys sp.j. (PIS) (Jasło, Poland)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 29 January 2014 in Case R 1464/2012-3;
—Order the defendant to pay the costs of the proceedings.
Pleas in law and main arguments
Registered Community design in respect of which a declaration of invalidity has been sought: Design No 1608365-0001
Proprietor of the Community design: The applicant
Applicant for the declaration of invalidity of the Community design: The other party to the proceedings before the Board of Appeal
Grounds of the application for a declaration of invalidity: It was alleged that the registered Community design lacks novelty and individual character
Decision of the Invalidity Division: Design declared invalid
Decision of the Board of Appeal: Appeal dismissed
Pleas in law: Infringement of Articles 4 to 9 of Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs.