Action brought on 25 January 2013 - Cezar/OHIM - Poli-Eco (Skirting boards)

(Case T-39/13)

Language in which the application was lodged: English

Parties

Applicant: Cezar Przedsiębiorstwo Produkcyjne Dariusz Bogdan Niewiński (Ełk, Poland) (represented by: M. Nentwig and G. Becker, lawyers)

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

Other party to the proceedings before the Board of Appeal: Poli-Eco Tworzywa Sztuczne sp. z o.o. (Szprotawa, Poland)

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 November 8, 2012 (case R 1512/2010-3);

Order the defendant to bear the costs.

Pleas in law and main arguments

Registered Community trade design in respect of which a declaration of invalidity has been sought: The trade design "skirting boards" − Registered Community design No 70 438-0002

Proprietor of the Community trade design: The applicant

Applicant for the declaration of invalidity of the Community trade design: The other party to the proceedings before the Board of Appeal

Grounds for the application for a declaration of invalidity: The application for a declaration of invalidity was based on a lack of novelty and individual character pursuant to Article 25 (1)(b) in conjunction with Articles 4 to 6 of Council Regulation No 6/2002

Decision of the Cancellation Division: Declared the contested RCD invalid

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 25(1)(b), 63(1) and 62(1) of the Council Regulation No 6/2002.

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