Judgment — ECLI:EU:T:2018:962
Date: 2018-12-13
Language of the case: Slovak
Court formation: Single Judge
Subject matter: Intellectual, industrial and commercial property;Designs
Procedure: Action for annulment - successful
Origin: Slovakia

Judgment of the General Court (Single Judge) of 13 December 2018 – Yado v EUIPO — Dvectis CZ (Support pillow) (Case T‑30/18) (Community design — Invalidity proceedings — Community design No 2371591-0001 (Support pillow) — Inadmissibility of the appeal before the Board of Appeal — Sending of a document to EUIPO by means of a contact form — Sending of a document to EUIPO by electronic means and by fax) Community designs — Appeals procedure — Form of appeal and period within which it must be brought — Transmission of a statement setting out the grounds of appeal — Transmission by fax — Burden of proof (Council Regulation No 6/2002, Art. 57; Council Regulation No 2245/2002, Art. 65(1)) (see paras 27, 30, 31, 33-36) Re: Action brought against the decision of the Third Board of Appeal of EUIPO of 14 November 2017 (Case R 1017/2017-3) relating to invalidity proceedings between Dvectis CZ and Yado. Operative part The Court: 1. Annuls the decision of the Third Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 14 November 2017 (Case R 1017/2017-3); 2. Orders EUIPO to bear its own costs and to pay those incurred by Yado s.r.o.; 3. Orders Dvectis CZ s.r.o. to bear its own costs.