Judgment of the General Court of 12 March 2014 — Tubes Radiatori v OHIM - Antrax It (Radiator)
(Case T-315/12) 1
(Community design — Invalidity proceedings — Registered Community design representing a radiator for heating — Earlier design — Ground for invalidity — Lack of individual character — Overall impression not different — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 — No scope for innovation — Obligation to state reasons)
Language of the case: Italian
Parties
Applicant: Tubes Radiatori Srl (Resana, Italy) (represented by S. Verea, K. Muraro, M. Balestriero and P. Menapace, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by F. Mattina initially, then P. Bullock, Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Antrax It Srl (Resana) (represented by L. Gazzola, lawyer)
Re:
Action brought against the decision of the Third Board of Appeal of OHIM of 3 April 2012 (Case R 953/2011-3) relating to invalidity proceedings between Antrax It Srl and Tubes Radiatori Srl.
Operative part of the judgment
The Court:
1. Annuls the decisions of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 3 April 2012 (Case R 953/2011-3);
2. Dismisses the action as to the remainder;
3. Orders OHIM to bear its own costs and to pay those incurred by Tubes Radiatori Srl;
4. Orders Antrax It Srl to bear its own costs.
____________1 OJ C 273, 8.9.2012.