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Case T-450/08: Action brought on 6 October 2008 — Coverpla v OHIM — Heinz-Glas (design)
ECLI:EU:UNKNOWN:62008TN0450
62008TN0450
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Valentina R., lawyer
10.1.2009
EN
Official Journal of the European Union
C 6/34
(Case T-450/08)
(2009/C 6/69)
Language in which the application was lodged: French
Parties
Applicant: Coverpla (Nice, France) (represented by: P. Greffe and M. Chaminade, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal of OHIM: Heinz-Glas GmbH (Kleintettau, Germany)
Form of order sought
—Annul the decision of the Third Board of Appeal of 7 July 2008 (Case R 1411/2007-3) in so far as it dismissed the applicant's appeal and declared the Community design ‘Tour’ No 29178-0002 invalid;
—declare Community design ‘Tour’ No 29178-0002 in class 09-01 valid.
Pleas in law and main arguments
Registered Community trade mark in respect of which a declaration of invalidity has been sought: Community design No 29178/0002 for ‘phials’
Proprietor of the Community design: The applicant
Applicant for the declaration of invalidity: Heinz-Glas GmbH
Trade mark right of applicant for the declaration: An unregistered phial named ‘Empire’ (reference number F 3990)
Decision of the Cancellation Division: Declaration of invalidity of the Community design
Decision of the Board of Appeal: Appeal dismissed
Pleas in law: The Community design does have the requisite novelty; the documents which Heinz-Glas GmbH submitted to show that it disclosed to the public a prior design of an identical phial have no evidential value.