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Case T-166/15: Action brought on 2 April 2015 — Gramberg v OHIM — Mahdavi Sabet (Protective case for a mobile telephone)
ECLI:EU:UNKNOWN:62015TN0166
62015TN0166
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EN
Official Journal of the European Union
C 198/40
(Case T-166/15)
(2015/C 198/55)
Language in which the application was lodged: German
Parties
Applicant: Claus Gramberg (Essen, Germany) (represented by: S. Kettler, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Sorouch Mahdavi Sabet (Paris, France)
Details of the proceedings before OHIM
Proprietor of the design at issue: The other party to the proceedings before the Board of Appeal
Design at issue: Community design No 1 968 496-0002
Contested decision: Decision of the Third Board of Appeal of OHIM of 13 January 2015 in Case R 460/2013-3
Form of order sought
The applicant claims that the Court should:
—annul the contested decision and declare Community design No 1 968 496-0002 invalid;
in the alternative,
—annul the contested decision and remit the case to the Board of Appeal for a new decision on the invalidity of Community design No 1 968 496-0002;
—order OHIM to pay the costs.
Pleas in law
—Infringement of 5(1)(b) Regulation No 6/2002;
—Infringement of Article 7(1) of Regulation No 6/2002.