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Document 62012TA0357

    Case T-357/12: Judgment of the General Court of 4 February 2014 — Sachi Premium-Outdoor Furniture v OHIM — Gandia Blasco (Armchair) (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)

    OJ C 78, 15.3.2014, p. 10–10 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    15.3.2014   

    EN

    Official Journal of the European Union

    C 78/10


    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)

    2014/C 78/19

    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.


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