Action brought on 15 February 2010 - Sphere Time v OHIM - Punch (watches)

(Case T-68/10)

Language in which the application was lodged: English

Parties

Applicant: Sphere Time société anonyme (Windhof, Luxembourg) (represented by: C. Jäger, lawyer)

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

Other party to the proceedings before the Board of Appeal: Punch, société par actions simplifiée (Nice, France)

Form of order sought

Annul the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 2 December 2009 in case R 1130/2008-3 and order the defendant to confirm the validity of the challenged Community registered design; and

Order the defendant to pay the costs of the present proceedings and to enact that the other party to the proceedings before the Board of Appeal bears the costs of the applicant related to the invalidity and appeal proceedings.

Pleas in law and main arguments

Registered Community design subject of the application for a declaration of invalidity: A design registered for "watches"

Proprietor of the Community design: The applicant

Party requesting the declaration of invalidity of the Community design: The other party to the proceedings before the Board of Appeal

Decision of the Invalidity Division: Declared the contested Community design invalid

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 4, 5 and 6 of Council Regulation No 6/2002, as the Board of Appeal wrongly considered the challenged design as lacking individual character and as not being new; infringement of Article 61(2) of Council Regulation No 6/2002 as the Board of Appeal has not correctly evaluated the applicant's arguments and evidences submitted in the course of the proceedings, misinterpreted the freedom of the designer and based its decision on a false appreciation, thereby misusing its power.

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