Action brought on 26 May 2015 — Pirelli Tyre v OHIM (Tyre treads)

(Case T-282/15)

Language of the case: Italian

Parties

Applicant: Pirelli Tyre SpA (Milan, Italy) (represented by: D. Caneva and G. Fucci, lawyers)

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

Details of the proceedings before OHIM

Design at issue: Community design (Tyre treads) — Community design No 4 700-0002

Contested decision: Decision of the Third Board of Appeal of OHIM of 11 February 2015 in Case R 1288/2014-3

Form of order sought

The applicant claims that the Court should:

annul the contested decision;

grant the application for restitutio in integrum made by Pirelli Tyre SpA in accordance with Article 67 of Regulation No 6/2002/EC on Community designs, by declaring that the payment of the renewal fee relating to the second five-year period by way of a withdrawal from current account No 000069 under the name of Bugnion SpA is lawful and that, therefore, the right to the design at issue is still valid;

order OHIM to pay the costs incurred by Pirelli Tyre SpA in the present proceedings.

Plea in law

Infringement of Article 67 of Regulation No 6/2002/EC on Community designs.

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