Action brought on 19 November 2012 - Automobile Association v OHIM - Duncan Petersen Publishing (Folders)

(Case T-508/12)

Language in which the application was lodged: English

Parties

Applicant: The Automobile Association Ltd (St. Helier, United Kingdom) (represented by: N. Walker, Solicitor)

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

Other party to the proceedings before the Board of Appeal: Duncan Petersen Publishing Ltd (London, United Kingdom)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 September 2012 in case R 172/2011-3, and remit the matter back to OHIM for reconsideration; and.

Order OHIM to pay the costs of the applicant.

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 "folders" - registered Community design No 1121404-0001

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: The applicant requested the invalidity of the RCD based on Articles 4 to 9 of Council Regulation No 6/2002

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

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law:

-    Infringement of Article 8 of Council Regulation No 6/2002;

-    Infringement of Article 8(2) in conjunction with Article 62 of Council Regulation No 6/2002; and

-    Infringement of Article 25(1)(a) in conjunction with Article 3(a) of Council Regulation No 6/2002.

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