Judgment of the General Court of 10 September 2015 — H&M Hennes & Mauritz v OHIM — Yves Saint Laurent (Handbags)
(Case T-525/13) 1
(Community design — Invalidity proceedings — Registered Community design representing handbags — Earlier design — Ground for invalidity — Individual character — Article 6 of Regulation (EC) No 6/2002 — Obligation to state reasons)
Language of the case: English
Parties
Applicant: H&M Hennes & Mauritz BV & Co. KG (Hamburg, Germany) (represented by: H. Hartwig and A. von Mühlendahl, 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: Yves Saint Laurent SAS (Paris, France) (represented by: N. Decker, lawyer)
Re:
Action brought against the decision of the Third Board of Appeal of OHIM of 8 July 2013 (Case R 207/2012-3) relating to invalidity proceedings between H&M Hennes & Mauritz BV & Co. KG and Yves Saint Laurent SAS.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders H&M Hennes & Mauritz BV & Co. KG to pay the costs, including those incurred by Yves Saint Laurent SAS in the course of the proceedings before the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
____________1 OJ C 359, 7.12.2013.