20150731062617132015/C 270/382792015TC27020150817EN01ENINFO_JUDICIAL20150526313111

Case T-279/15: Action brought on 26 May 2015 — Pirelli Tyre v OHIM (Tyres for vehicle wheels, pneumatic)


C2702015EN3110120150526EN0038311311

Action brought on 26 May 2015 — Pirelli Tyre v OHIM (Tyres for vehicle wheels, pneumatic)

(Case T-279/15)

2015/C 270/38Language of the case: Italian

Parties

Applicant: Pirelli Tyre SpA (Milan, Italy) (represented by: D. Caneva and G. Fucci, lawyers)

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

Details of the proceedings before OHIM

Design at issue: Community design (Tyres for vehicle wheels, pneumatic) — Community design No 4 692-0001

Contested decision: Decision of the Third Board of Appeal of OHIM of 8 January 2015 in Case R 1285/2014-3

Form of order sought

The applicant claims that the Court should:

annul the contested decision;

grant the application for restitutio in integrum made by Pirelli Tyre SpA in accordance with Article 67 of Regulation No 6/2002/EC on Community designs, by declaring that the payment of the renewal fee relating to the second five-year period by way of a withdrawal from current account No 000069 under the name of Bugnion SpA is lawful and that, therefore, the right to the design at issue is still valid;

order OHIM to pay the costs incurred by Pirelli Tyre SpA in the present proceedings.

Plea in law

Infringement of Article 67 of Regulation No 6/2002/EC on Community designs.