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Case T-1064/23: Judgment of the General Court of 15 January 2025 – ADS L. Kowalik, B. Włodarczyk v EUIPO – ESSAtech (Accessory for wireless remote controls) (Community design – Invalidity proceedings – Registered Community design representing an accessory for a wireless remote control – Ground for invalidity – Characteristics of the appearance of a product exclusively imposed by the technical function of that product – Articles 8(1) and 25(1)(b) of Regulation (EC) No 6/2002 – Facts relied on or evidence adduced for the first time before the Board of Appeal – Article 63(2) of Regulation No 6/2002 and Article 27(4) of Delegated Regulation (EU) 2018/625 – Rights of the defence – Article 62 of Regulation No 6/2002 – Principle of sound administration – Article 41(1) of the Charter of Fundamental Rights – Obligation to state reasons – Article 41(2)(c) of the Charter of Fundamental Rights)
ECLI:EU:UNKNOWN:62023TA1064
62023TA1064
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Official Journal of the European Union
C series
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C/2025/1102
24.2.2025
(Case T-1064/23)
(Community design - Invalidity proceedings - Registered Community design representing an accessory for a wireless remote control - Ground for invalidity - Characteristics of the appearance of a product exclusively imposed by the technical function of that product - Articles 8(1) and 25(1)(b) of Regulation (EC) No 6/2002 - Facts relied on or evidence adduced for the first time before the Board of Appeal - Article 63(2) of Regulation No 6/2002 and Article 27(4) of Delegated Regulation (EU) 2018/625 - Rights of the defence - Article 62 of Regulation No 6/2002 - Principle of sound administration - Article 41(1) of the Charter of Fundamental Rights - Obligation to state reasons - Article 41(2)(c) of the Charter of Fundamental Rights)
(C/2025/1102)
Language of the case: Polish
Parties
Applicant: ADS L. Kowalik, B. Włodarczyk s.c. (Sosnowiec, Poland) (represented by: M. Oleksyn and M. Stępkowski, lawyers)
Defendant: European Union Intellectual Property Office (represented by: M. Chylińska and J. Ivanauskas, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO: ESSAtech (Přistoupim, Czech Republic)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Third Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 6 September 2023 (Case R 1070/2020-3).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders ADS L. Kowalik, B. Włodarczyk s.c. to pay the costs.
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Language of the case: Polish.
ELI: http://data.europa.eu/eli/C/2025/1102/oj
ISSN 1977-091X (electronic edition)
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