Action brought on 25 May 2010 - Industrias Francisco Ivars v OHIM - Motive (Speed reducers)

(Case T-246/10)

Language in which the application was lodged: Spanish

Parties

Applicant: Industrias Francisco Ivars, SL (Xeraco, Spain) (represented by: E. Caballero Oliver and A. Sanz-Bermell y Martínez, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Motive S.r.l.

Form of order sought

annul the contested decision and, accordingly, dismiss the opposition brought by MOTIVE S.r.l., and declare that the grant of Community Design No 000625702-001 for 'reducers' is well founded;

order OHIM to pay the costs.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: Community Design No 625702-0001 for 'Reducers in Class 15/01 (Motors)).

Proprietor of the Community trade mark: Industrias Francisco Ivars, SL

Applicant for the declaration of invalidity: Motive S.r.l.

Trade mark right of applicant for the declaration: Community Design No 73952-0001

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

Decision of the Board of Appeal: Annulment of the decision of the Cancellation Division and declaration of invalidity of the Community design concerned.

Pleas in law: Incorrect interpretation and application of Articles 4, 5 and 7 of Regulation No 6/2002 on Community designs.

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