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31.7.2010 |
EN |
Official Journal of the European Union |
C 209/34 |
Judgment of the General Court of 22 June 2010 — Shenzhen Taiden v OHIM — Bosch Security Systems (Communications Equipment)
(Case T-153/08) (1)
(Community design - Invalidity proceedings - Registered Community design representing communications equipment - Earlier international design - Ground for invalidity - No individual character - No different overall impression - Informed user - Degree of freedom of the designer - Evidence that the earlier design was made available to the public - Article 4(1), Article 6(1)(b) and (2), Article 7(1) and Article 25(1)(b) of Regulation (EC) No 6/2002)
2010/C 209/49
Language of the case: English
Parties
Applicant: Shenzhen Taiden Industrial Co. Ltd (Shenzhen, Guangdong, China) (represented by: M. Hartmann and M. Helmer, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: A. Folliard-Monguiral, Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Bosch Security Systems BV (Eindhoven, Netherlands) (represented by: C. Gielen, M. Bom and B. van Hunnik, lawyers)
Re:
Action brought against the decision of the Third Board of Appeal of OHIM of 11 February 2008 (Case R 1437/2006-3) relating to invalidity proceedings between Bosch Security Systems BV and Shenzhen Taiden Industrial Co. Ltd.
Operative part of the order
The Court:
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1. |
Dismisses the action; |
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2. |
Orders Shenzhen Taiden Industrial Co. Ltd to pay the costs, including the costs necessarily incurred by Bosch Security Systems BV for the purposes of the proceedings before the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). |