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31.7.2010 |
EN |
Official Journal of the European Union |
C 209/43 |
Action brought on 21 May 2010 — Merlin and Others v OHIM — Dusyma (Games)
(Case T-231/10)
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2010/C 209/66
Language in which the application was lodged: German
Parties
Applicants: Merlin Handelsgesellschaft mbH (Forchtenberg, Germany), Rolf Krämer (Forchtenberg), BLS Basteln, Lernen, Spielen GmbH (Forchtenberg), Andreas Hohl (Künzelsau, Germany), represented by: R. Kramer, lawyer
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal of OHIM: Dusyma Kindergartenbedarf GmbH (Schorndorf, Germany)
Form of order sought
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annul the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17 March 2010 in Case R 879/2009-3 and declare Community design No 526 801-0011 invalid; |
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in the alternative, annul the decision of the Third Board of Appeal and refer the case back to the Board of Appeal; |
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order the defendant to pay the costs. |
Pleas in law and main arguments
Registered Community design in respect of which a declaration of invalidity has been sought: Community design No 526 801-0011 for the products ‘Games (including educational games)’.
Proprietor of the Community trade mark: Dusyma Kindergartenbedarf GmbH.
Applicant for the declaration of invalidity: the Applicants.
Decision of the Cancellation Division: Rejection of the application for a declaration of invalidity.
Decision of the Board of Appeal: Dismissal of the appeal.
Pleas in law: Infringement of Article 3 of Council Regulation (EC) No 6/2002 (1) on Community designs, because the Board of Appeal misinterpreted the provisions of that article concerning definitions and did not take into consideration the fact that a Community design can also consist in the appearance of a part of a product.
(1) Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs (OJ 2002 L 3, p. 1).