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Case T-41/14: Action brought on 15 January 2014 — Argo Development and Manufacturing v OHIM — Clapbanner (Advertising articles)
ECLI:EU:UNKNOWN:62014TN0041
62014TN0041
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Valentina R., lawyer
28.4.2014
Official Journal of the European Union
C 129/22
(Case T-41/14)
(2014/C 129/28)
Language in which the application was lodged: English
Parties
Applicant: Argo Development and Manufacturing Ltd (Ra'anana, Israel) (represented by: B. Brisset, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Clapbanner Ltd (London, United Kingdom)
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 22 October 2013 given in Case R 981/2012-3;
—Order the defendant to pay the costs of proceedings.
Pleas in law and main arguments
Registered Community design in respect of which a declaration of invalidity has been sought: A design for the product ‘advertising articles’ — registered under No 1684325-0001
Proprietor of the Community design: The other party to the proceedings before the Board of Appeal
Applicant for the declaration of invalidity of the Community design: The applicant
Grounds for the application for a declaration of invalidity: It was alleged that the design lacked novelty (Article 5 CDR) and individual character (Article 6 CDR)
Decision of the Cancellation Division: Declared the contested RCD invalid
Decision of the Board of Appeal: Granted the appeal and dismissed the application for a declaration of invalidity
Pleas in law: Infringement of Articles 4, 5 and 6 CDR.
Language in which the application was lodged: English
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