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Case T-98/15: Action brought on 25 February 2015 — Tubes Radiatori v OHIM — Antrax It (Heating radiators)
ECLI:EU:UNKNOWN:62015TN0098
62015TN0098
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27.4.2015
EN
Official Journal of the European Union
C 138/60
(Case T-98/15)
(2015/C 138/78)
Language in which the application was lodged: Italian
Parties
Applicant: Tubes Radiatori Srl (Resana, Italy) (represented by: S. Verea, K. Muraro, M. Balestriero and P. Menapace, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Antrax It Srl (Resana, Italy)
Details of the proceedings before OHIM
Proprietor of the design at issue: Applicant
Design at issue: Community design for ‘heating radiators’ — Community design No 169 370-0002
Contested decision: Decision of the Third Board of Appeal of OHIM of 9 December 2014 in Case R 1643/2014-3
Form of order sought
The applicant claims that the Court should:
—annul the contested decision and, consequently, find and declare that Community design No 169 370-0002, belonging to Tubes Radiatori Srl, is valid, since it is new and has individual character;
—order OHIM to pay the costs pursuant to Article 87 of the Rules of Procedure of the General Court of the European Union.
Pleas in law
—Infringement of Article 1d of Regulation (EC) No 216/96, the adversarial principle, and the duty to provide a statement of reasons;
—Objection of res judicata.