Action brought on 13 July 2012 - Tubes Radiatori v OHIM - Antrax It (Radiators for heating)

(Case T-315/12)

Language in which the application was lodged: Italian

Parties

Applicant: Tubes Radiatori Srl (Resana, Italy) (represented by: S. Verea, K. Muraro and M. Balestriero, lawyers)

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

Other party to the proceedings before the Board of Appeal: Antrax It Srl (Resana, Italy)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Third Board of Appeal of OHIM of 3 April 2012 in Case R 953/2011-3 and, thereby, declare that Community design No 000 169 370-0002 owned by TUBES RADIATORI Srl is valid, in so far as it is new and has individual character;

Order the defendant to pay the costs, in accordance with Article 87 of the Rules of Procedure of the Court of First Instance of the Eurpopean Communities of 2 May 1991.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: Radiators for heating - Community design No 169 370-0002

Proprietor of the Community trade mark: the applicant

Applicant for the declaration of invalidity of the Community trade mark: Antrax It Srl

Grounds for the application for a declaration of invalidity: Breach of Articles 4 and 9 of the Regulation on Community designs (CDR), in particular the ground for invalidity referred to in Article 25(1)(b) CDR, on the basis of lack of individual character for the purpose of Article 6(1)(b) CDR

Decision of the Cancellation Division: Declared the Community design invalid

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Breach of Articles 4, 5 and 6 of Regulation No 6/2002

____________