Judgment of the General Court of 4 February 2014 – Sachi Premium-Outdoor Furniture v OHIM – Gandia Blasco (Armchair)

(Case T-357/12) ¹

(Community design – Invalidity proceedings – Registered Community design representing an armchair – Earlier design – Ground for invalidity – Lack of individual character – Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002)

Language of the case: 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) (represented by: A. Folliard-Monguiral, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Gandia Blasco, SA (Valencia, Spain) (represented by: I. Sempere Massa, lawyer)

Re:

Action brought against the decision of the Third Board of Appeal of OHIM of 27 April 2012 (Case R 969/2011-3) in relation to invalidity proceedings between Gandia Blasco, SA and Sachi Premium-Outdoor Furniture, Lda.

Operative part of the judgment

The Court:

1.    Dismisses the action;

2.    Orders Sachi Premium-Outdoor Furniture Lda to pay its own costs and also the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM);

3.    Orders Gandia Blasco, SA to pay its own costs.

____________

¹     OJ C 311, 13.10.2012.