Action brought on 20 November 2013 – AIC v OHIM - ACV Manufacturing (Heat exchangers)
(Case T-615/13)
Language in which the application was lodged: English
Parties
Applicant: AIC S.A. (Gdynia, Poland) (represented by: J. Radłowski, lawyer)Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)Other party to the proceedings before the Board of Appeal: ACV Manufacturing (Seneffe, Belgium)Form of order soughtThe applicant claims that
, Poland) (represented by: J. Radłowski, lawyer)Defendant: Office for Harmonisation
in the Internal Market (Trade Marks and Designs)Other party to the proceedings before the Board
sign in respect of which a declaration of
invalidity has been sought: The design for a product described as “heat excha
ngers” – Registered Community Design No 1 618 703-0001Proprietor of the Community design: The applicantApplicant for the declaration of invalidity of the Community design: The
other party to the proceedings before the Board of AppealGrounds for the application for a declaration of inva
lidity: It was alleged that the
design did not fulfil the requirements of Article 4(1) and (2), in conjunction with Articles 5 and 6 and in particular Article 8(1) and (2) CDRDecision of the Cancellation Division: Declared the c
ontested RCD invalidDecision of the Board of Appe
al: Dismissed the appealPleas in law: Infringement of Article 25(1)(b) in conjunction with Article 4(2) CDR.