Action brought on 16 February 2010 - Bell & Ross v OHIM - Klockgrossisten i Norden (Representation of a watch)

(Case T-80/10)

Language in which the application was lodged: French

Parties

Applicant: Bell & Ross BV (Zoetermeer, Netherlands) (represented by: S. Guerlain, lawyer)

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

Other party/parties to the proceedings before the Board of Appeal of OHIM: Klockgrossisten i Norden (Väsby, Sweden)

Form of order sought

Annul the decision of the Third Board of Appeal of 9 September 2009 in Case R 1285/2008-3 notified on 16 December 2009 to the representatives of the company BELL & ROSS BV on grounds of:

infringement of Article 91 of Council Regulation No 6/2002 on Community designs;

infringement of Articles 57 and 63 of Council Regulation No 6/2002 on Community designs and Article 6 of the European Convention on Human Rights;

infringement of Article 6 of Council Regulation No 6/2002 on Community designs.

Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs.

Pleas in law and main arguments

Registered Community design in respect of which a declaration of invalidity has been sought: No 342 951 (watches)

Proprietor of the Community design: the applicant

Applicant for the declaration of invalidity: Klockgrossisten i Norden

Decision of the Cancellation Division: Community design declared invalid

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: infringement of Articles 6, 57, 63 and 91 of Council Regulation No (EC) 6/2002 of 12 December 2001 on Community designs.

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