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Case T-334/14: Action brought on 14 May 2014 — Roca Sanitario v OHIM — Villeroy & Boch (Taps)
ECLI:EU:UNKNOWN:62014TN0334
62014TN0334
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Valentina R., lawyer
11.8.2014
EN
Official Journal of the European Union
C 261/26
(Case T-334/14)
2014/C 261/49
Language in which the application was lodged: Spanish
Parties
Applicant: Roca Sanitario, SA (Barcelona, Spain) (represented by: R. Guerras Mazón, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Villeroy & Boch AG (Mettlach, Germany)
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 21 February 2014, in Case R 812/2012-3;
—make an order for costs against OHIM and, as the case may be, the intervener if the latter enters an appearance and contests the action.
Pleas in law and main arguments
Registered Community design in respect of which a declaration of invalidity has been sought: Design of a tap — Community design registration number No 1 264 568-0004
Proprietor of the Community design: Applicant
Party requesting the declaration of invalidity of the Community design: Villeroy & Boch AG
Grounds for the application for a declaration of invalidity: Lack of novelty and of individual character compared with its own design for a tap (No 00 584 560-0004)
Decision of the Cancellation Division: Application for a declaration of invalidity upheld
Decision of the Board of Appeal: Appeal dismissed
Pleas in law: Breach of Article 6 of Regulation No 6/2002 in conjunction with Article 25(1)(b) of the same regulation.