Action brought on 20 November 2013 – AIC v OHIM - ACV Manufacturing (Heat exchanger inserts)

(Case T-617/13)

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 th

dynia, Poland) (represented by: J. Radłowski, lawyer)Defendant: Office for Harmonisa

tion in the Internal Market (Trade Marks and Designs)Other party to the proceedings before the

design in respect of which a declaration

of invalidity has been sought: The design for a product described as “heat

exchanger inserts” – Registered Community Design No 1 137 152-0002Proprietor 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 declara

tion of invalidity: It was alleg

ed 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 contested RCD invalidDecision of the Board of

Appeal: Dismissed the appealPleas in law: Infringement of Article 25(1)(b) in conjunction with Article 4(2) CDR.