Action brought on 7 August 2012 - Sachi Premium-Outdoor Furniture v OHIM - Gandia Blasco (Armchairs)

(Case T-357/12)

Language in which the application was lodged: English

Parties

Applicant: Sachi Premium - Outdoor Furniture, Ldª (Estarreja, Portugal) (represented by: M. Oehen Mendes, lawyer)

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

Other party to the proceedings before the Board of Appeal: Gandia Blasco, SA (Valencia, Spain)

Form of order sought

Annul the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade marks and Designs) of 27 April 2012 (R 969/2011-3);

Declare the contested Community Design No 1512633-0003 invalid; and

Order the defendant to pay the costs.

Pleas in law and main arguments

Registered Community design trade mark in respect of which a declaration of invalidity has been sought: A design for "armchairs, loungers" - registered Community design No 1512633-0003

Proprietor of the Community design: The applicant

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

Grounds for the application for a declaration of invalidity: The other party to the proceedings before the Board of Appeal requested the invalidation of the RCD based on Articles 4 to 9 of Council Regulation No 6/2002; Community design registration No 52113-0001, for "armchairs"

Decision of the Invalidity Division: Rejected the application for a declaration of invalidity

Decision of the Board of Appeal: Annulled the contested decision and declared the contested Registered Community design invalid

Pleas in law: Infringement of Articles 5 to 7 of Council Regulation No 6/2002.

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