Action brought on 15 January 2014 – Argo Development and Manufacturing v OHIM – Clapbanner (Advertising articles)

(Case T-41/14)

Language in which the application was lodged: English

Parties

Applicant: Argo Development and Manufacturing Ltd (Ra'anana, Israel) (represented by: B. Brisset, lawyer)

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

Other party to the proceedings before the Board of Appeal: Clapbanner 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 22 October 2013 given in Case R 981/2012-3;

Order the defendant to pay the costs of proceedings.

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 ‘advertising articles’ – registered under No 1 684 325-0001

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: It was alleged that the design lacked novelty (Article 5 CDR) and individual character (Article 6 CDR)

Decision of the Cancellation Division: Declared the contested RCD invalid

Decision of the Board of Appeal: Granted the appeal and dismissed the application for a declaration of invalidity

Pleas in law: Infringement of Articles 4, 5 and 6 CDR.