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8.3.2008 |
EN |
Official Journal of the European Union |
C 64/58 |
Action brought on 7 January 2008 — Kwang Yang Motor v OHIM — Honda Giken Kogyo (Representation of an internal-combustion engine)
(Case T-10/08)
(2008/C 64/93)
Language in which the application was lodged: English
Parties
Applicant: Kwang Yang Motor Co. Ltd (Kaohsiung City, Taiwan) (represented by: P. Rath and W. Festl-Wietek, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Honda Giken Kogyo Kabushiki Kaisha Co. Ltd (Tokyo, Japan)
Form of order sought
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Annulment of the decision of the Third Board of Appeal of the OHIM of 8 October 2007 served to the representatives of the applicant on 30 October 2007, in Case R 1337/2006-3; |
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order the OHIM to pay the costs of the proceedings before the Court and Board of Appeal. |
Pleas in law and main arguments
Registered Community design subject of the application for a declaration of invalidity: Registered Community design for an ‘Internal-combustion engine’ — Community Design No 000 163 290 — 0001
Proprietor of the Community design: The applicant
Party requesting the declaration of invalidity of the Community design: Honda Giken Kogyo Kabushiki Kaisha Co. Ltd
Design of the party requesting the declaration of invalidity: Registered US design in respect for an ‘internal-combustion engine’ — Patent No D 367 070
Decision of the Invalidity Division: Rejected the application for invalidity in its entirety
Decision of the Board of Appeal: Annulled the decision of the Invalidity Division and declared the design invalid
Pleas in law: Infringement of Articles 4 and 6 of Council Regulation (EC) No 6/2002 on Community Designs.