Judgment;Information — ECLI:EU:T:2021:413
Date: 2021-07-07
Language of the case: Spanish
Court formation: Second Chamber
Subject matter: Intellectual, industrial and commercial property;Designs
Procedure: Action for annulment - unfounded
Origin: Spain

Action brought on 24 July 2020 – S. Tous v EUIPO – Zhejiang China-Best Import & Export (Lamp) (Case T-492/20) Language in which the application was lodged: Spanish Parties Applicant: S. Tous, SL (Manresa, Spain) (represented by: D. Gómez Sánchez and J.L. Gracia Albero, lawyers) Defendant: European Union Intellectual Property Office (EUIPO) Other party to the proceedings before the Board of Appeal: Zhejiang China-Best Import & Export Co. Ltd (Hangzhou, China) Details of the proceedings before EUIPO Proprietor of the design at issue: Other party to the proceedings before the Board of Appeal Design at issue: Community design (Luminaires) – Community design No 4422343-0012 Contested decision: Decision of the Third Board of Appeal of EUIPO of 26 May 2020 in Case R 1553/2019-3 Form of order sought The applicant claims that the General Court should: annul the contested decision; order the proprietor of the contested design to pay the costs of the present proceedings, including those incurred in respect of the proceedings before the Invalidity Division and the Third Board of Appeal. Pleas in law Infringement of Article 25(1)(b) and (c) of Council Regulation (EC) No 6/2002 (in conjunction with Article 6, Article 7 and Article 9(2)(c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council). ____________