Access to European Union law
<a href="https://eur-lex.europa.eu/content/help/eurlex-content/experimental-features.html" target="_blank">More about the experimental features corner</a>
Choose the experimental features you want to try
EUR-Lex
Access to European Union law

This document is an excerpt from the EUR-Lex website

You are here
Use quotation marks to search for an "exact phrase". Append an asterisk (*) to a search term to find variations of it (transp*, 32019R*). Use a question mark (?) instead of a single character in your search term to find variations of it (ca?e finds case, cane, care).
Search tips
Need more search options? Use the Advanced search

Document 62010TN0246

Case T-246/10: Action brought on 25 May 2010 — Industrias Francisco Ivars v OHIM — Motive (Speed reducers)

OJ C 195, 17.7.2010, pp. 31–32 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

17.7.2010   

EN

Official Journal of the European Union

C 195/31

Action brought on 25 May 2010 — Industrias Francisco Ivars v OHIM — Motive (Speed reducers)

(Case T-246/10)

2010/C 195/51

Language in which the application was lodged: Spanish

Parties

Applicant: Industrias Francisco Ivars, SL (Xeraco, Spain) (represented by: E. Caballero Oliver and A. Sanz-Bermell y Martínez, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Motive S.r.l.

Form of order sought

—

annul the contested decision and, accordingly, dismiss the opposition brought by MOTIVE S.r.l., and declare that the grant of Community Design No 000625702-001 for ‘reducers’ is well founded;

—

order OHIM to pay the costs.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: Community Design No 625702-0001 for Reducers in Class 15/01 (Motors)).

Proprietor of the Community trade mark: Industrias Francisco Ivars, SL

Applicant for the declaration of invalidity: Motive S.r.l.

Trade mark right of applicant for the declaration: Community Design No 73952-0001

Decision of the Cancellation Division: Dismissal of the application for a declaration of invalidity

Decision of the Board of Appeal: Annulment of the decision of the Cancellation Division and declaration of invalidity of the Community design concerned.

Pleas in law: Incorrect interpretation and application of Articles 4, 5 and 7 of Regulation No 6/2002 on Community designs.

Top