Action brought on 15 March 2011 - High Tech v OHIM - Vitra Collections (Shape of a chair)

(Case T-161/11)

Language in which the application was lodged: Italian

Parties

Applicant: High Tech Srl (Milan, Italy) (represented by: G. Floridia and R. Floridia, lawyers)

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

Other party to the proceedings before the Board of Appeal: Vitra Collections AG

Form of order sought

Annul the contested decision and declare Community trade mark No 2.298.420 invalid

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: A three-dimensional figurative mark based on the 'Alu chair' (Community trade mark No 2 298 420), for goods in Class 20

Proprietor of the Community trade mark: Vitra Collections AG

Applicant for the declaration of invalidity of the Community trade mark: High Tech Srl

Grounds for the application for a declaration of invalidity: Infringement of Article 7(1)(e)(iii) of Regulation 207/2009. The applicant also claimed that the mark should be declared invalid on the ground that its registration is intended to exclude the applicant from the market in design objects that have entered the public domain and therefore the registration was in bad faith.

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

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Misinterpretation and misapplication of Articles 7(1)(e)(iii) and 52(1)(b) of Regulation 207/2009.

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