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Case T-579/19: Action brought on 20 August 2019 — The KaiKai Company Jaeger Wichmann v EUIPO (Gymnastic or sports equipment)
ECLI:EU:UNKNOWN:62019TN0579
62019TN0579
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Official Journal of the European Union
C 337/21
(Case T-579/19)
(2019/C 337/22)
Language of the case: German
Parties
Applicant: The KaiKai Company Jaeger Wichmann GbR (Munich, Germany) (represented by: J. Hellmann-Cordner, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Details of the proceedings before EUIPO
Design at issue: Multiple application for registration of European Union designs (Gymnastic or sports equipment) — Registration No 5807179 0001-0012
Contested decision: Decision of the Third Board of Appeal of EUIPO of 13 June 2019 in Case R 573/2019-3
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—annul the defendant’s decision of 16 January 2019 in so far as priority was not given to European Union design No 5807179 0001-0012; uphold the claimed priority of 26 October 2017 and provide for a corrected notification of the European Union design indicating the priority;
—reimburse it for the appeal fee;
—order EUIPO to pay the costs;
—alternatively, conduct a hearing.
Plea in law
—Infringement of Article 41(1) of Council Regulation (EC) No 6/2002 on Community designs