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Case T-604/17: Judgment of the General Court of 31 January 2019 — Thun v EUIPO (Fish) (Community design — Registered Community design — Failure to apply for renewal — Removal of the design from the register on expiry of registration — Application for restitutio in integrum — Cumulative conditions — Duty of due care — Delegation of power — Loss of a right)
ECLI:EU:UNKNOWN:62017TA0604
62017TA0604
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18.3.2019
Official Journal of the European Union
C 103/32
(Case T-604/17) (*)
((Community design - Registered Community design - Failure to apply for renewal - Removal of the design from the register on expiry of registration - Application for restitutio in integrum - Cumulative conditions - Duty of due care - Delegation of power - Loss of a right))
(2019/C 103/41)
Langue of the case: Italian
Parties
Applicant: Thun SpA (Bolzano, Italy) (represented by: B. Giordano, lawyer)
Defendant: European Union Intellectual Property Office (represented by: L. Rampini, acting as Agent)
Re:
Action brought against the decision of the Third Board of Appeal of EUIPO of 9 June 2017 (Case R 1680/2016-3) relating to an application for restitutio in integrum.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Thun SpA to pay the costs.
(*)
OJ C 369, 30.10.2017