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Case T-450/08: Judgment of the General Court of 9 March 2012 — Coverpla v OHIM — Heinz-Glas (Phial) (Community design — Invalidity proceedings — Registered Community design representing a bottle — Prior design — Ground for invalidity — Disclosure of prior design — Absence of novelty — Articles 5 and 25(1)(b) of Regulation (EC) No 6/2002)
ECLI:EU:UNKNOWN:62008TA0450
62008TA0450
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28.4.2012
Official Journal of the European Union
C 126/13
(Case T-450/08)(<span class="super">1</span>)
(Community design - Invalidity proceedings - Registered Community design representing a bottle - Prior design - Ground for invalidity - Disclosure of prior design - Absence of novelty - Articles 5 and 25(1)(b) of Regulation (EC) No 6/2002)
2012/C 126/25
Language of the case: 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) (represented by: A. Folliard-Monguiral, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Heinz-Glas GmbH (Piesau, Germany) (represented by: M. Pütz-Poulalion, lawyer)
Re:
Action brought against the decision of the Third Board of Appeal of OHIM of 7 July 2008 (Case R 1411/2007-3), relating to invalidity proceedings between Heinz-Glas GmbH and Coverpla in respect of a Community design
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Coverpla to pay the costs.
(<span class="super">1</span>) OJ C 6, 10.1.2009.