EN

Official Journal of the European Union

C 151/33

(Case T-196/14)

2014/C 151/43

Language in which the application was lodged: English

Parties

Applicant: Swedish Match North Europe AB (Stockholm, Sweden) (represented by: H. Wistam and L. Holm, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Skruf Snus AB (Stockholm, Sweden)

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 3 December 2013 given in Case R 1803/2012-3;

—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 ‘oral snuff packages’ — registered under No 1265805-0010

Proprietor of the Community design: The other party to the proceeding

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 an individual character

Decision of the Cancellation Division: Upheld the application for a declaration of invalidity of the contested RCD

Decision of the Board of Appeal: Annulled the contested decision and dismissed the application for a declaration of invalidity

Pleas in law: Infringement of Article 6 CDR.