Source: EURLEX
Language: en
Format: md

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| European flag | Official Journal  of the European Union | EN  C series |

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|  | C/2024/3344 | 3.6.2024 |

Action brought on 4 April 2024 – Curaden v EUIPO – Alfa Vita (toothbrush)

(Case T-181/24)

(C/2024/3344)

Language in which the application was lodged: English

Parties

Applicant: Curaden AG (Kriens, Switzerland) (represented by: B. Hanika, lawyer)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: Alfa Vita s. r. o. (Prague, Czech Republic)

Details of the proceedings before EUIPO

Proprietor of the design at issue: Applicant before the General Court

Design at issue: International registration designating the European Union in respect of design No. DM/084 061-0001 (toothbrush)

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Third Board of Appeal of EUIPO of 1 February 2024 in Case R 636/2023-3

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision and the decision of 20 January 2023 of the Invalidity Division No. ICD 117034; |

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| — | hold that the design at issue is not declared invalid; |

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| — | order EUIPO to pay the costs. |

Plea in law

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| — | Infringement of Articles 4, 5 and 6(1)(b) of Council Regulation (EC) No 6/2002. |

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