Action brought on 30 September 2013 – H&M Hennes & Mauritz/OHMI – Yves Saint Laurent (handbags)

(Case T-525/13)

Language in which the application was lodged: 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)

Other party to the proceedings before the Board of Appeal: Yves Saint Laurent SAS (Paris, France)

Form of order sought

The applicant claims that the Court should:

annul the decision of the defendant’s Third Board of Appeal of 8 July 2013 in case R 207/2012-3;

declare the registered Community design No. 613294-0001 invalid;

order the defendant to pay the costs of the proceedings, including those incurred by the applicant before the Board of Appeal;

furthermore, in case the other party intervenes in this case, order Yves Saint Laurent SAS to pay the costs of the proceedings, including those incurred by the applicant before the Board of Appeal.

Pleas in law and main arguments

Registered Community design in respect of which a declaration of invalidity has been sought: A design for the product “Handbags” – registered Community design No 613294-0001.

Proprietor of the Community design: The other party to the proceedings before the Board of Appeal

Applicant for the declaration of invalidity of the Community design: The applicant

Grounds for the application for a declaration of invalidity: Lack of individual character based on Article 6 of Council Regulation No 6/2002

Decision of the Cancellation Division: Rejected the application for a declaration of invalidity

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Violation of Article 6 of Council Regulation No 6/2002.