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Case T-84/11: Action brought on 11 February 2011 — Antrax It v OHIM — Heating Company (Radiators for heating)
ECLI:EU:UNKNOWN:62011TN0084
62011TN0084
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Valentina R., lawyer
9.4.2011
EN
Official Journal of the European Union
C 113/17
(Case T-84/11)
2011/C 113/34
Language in which the application was lodged: Italian
Parties
Applicant: Antrax It Srl (Resana, Italy) (represented by: L. Gazzola, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Heating Company BVBA (The) (Dilsen, Belgium)
Form of order sought
The applicant claims that the Court should:
—annul the decision of the Third Board of Appeal of OHIM of 2 November 2010, in so far as it declared Community design N° 000593959-0002 invalid;
—annul the decision of the Third Board of Appeal of OHIM of 2 November 2010 in so far as it ordered Antrax It Srl to pay the costs incurred by The Heating Company BVBA in the proceedings before OHIM;
—order OHIM and The Heating Company to pay Antrax It SRL the costs, dues and legal fees relating to the present proceedings, together with any additional sums required by law;
—order The Heating Company BVBA to pay Antrax It Srl the costs, dues and legal fees incurred by the latter in the proceedings before OHIM, together with any additional sums required by law.
Pleas in law and main arguments
Registered Community design in respect of which a declaration of invalidity has been sought: Community design N° 000593959-0002 (radiators for heating)
Proprietor of the Community design: The applicant
Applicant for the declaration of invalidity of the Community design: The Heating Company BVBA
Grounds for the application for a declaration of invalidity: The contested Community design does not meet the requirements laid down in Articles 4 to 9 of the Community Designs Regulation (CDR), being almost identical to the German design N° 4 covered by the multiple registration N° 401 10481,8, published on 10 September 2002, and valid in France, Italy and Benelux as international design N° DM/0608899
Decision of the Cancellation Division: To declare the Community design invalid
Decision of the Board of Appeal: To annul the contested decision and declare the Community design invalid
Pleas in law: The individual character of Community design N° 000593959-0002.