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Case T-579/19: Judgment of the General Court of 14 April 2021 — The KaiKai Company Jaeger Wichmann v EUIPO (Gymnastic or sports equipment) (Community design — Multiple application for community designs representing gymnastic or sports equipment — Right of priority — Article 41 of Regulation (EC) No 6/2002 — Application under the Patent Cooperation Treaty — Article 4 of the Paris Convention for the Protection of Industrial Property — Priority period)

ECLI:EU:UNKNOWN:62019TA0579

62019TA0579

April 14, 2021
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Official Journal of the European Union

C 242/29

(Case T-579/19) (*)

(Community design - Multiple application for community designs representing gymnastic or sports equipment - Right of priority - Article 41 of Regulation (EC) No 6/2002 - Application under the Patent Cooperation Treaty - Article 4 of the Paris Convention for the Protection of Industrial Property - Priority period)

(2021/C 242/38)

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 (represented by: D. Walicka, acting as Agent)

Re:

Action brought against the decision of the Third Board of Appeal of EUIPO of 13 June 2019 (Case R 573/2019-3) concerning an application for registration of gymnastic or sports equipment as community designs claiming the right of priority of an international patent application filed under the Patent Cooperation Treaty.

Operative part of the judgment

The Court:

1.Annuls the decision of the Third Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 13 June 2019 (Case R 573/2019-3);

2.Dismisses the action as to the remainder;

3.Orders EUIPO to pay the costs.

*

(*) Language of the case: German.

ECLI:EU:C:2021:140

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