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Case T-231/21: Judgment of the General Court of 19 October 2022 — Praesidiad v EUIPO — Zaun (Post) (Community design — Invalidity proceedings — Registered Community design representing a post — Ground for invalidity — Failure to comply with the requirements for protection — Article 25(1)(b) of Regulation (EC) No 6/2002 — Features of appearance of a product solely dictated by its technical function — Article 8(1) of Regulation No 6/2002)
ECLI:EU:UNKNOWN:62021TA0231
62021TA0231
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Official Journal of the European Union
C 7/25
(Case T-231/21) (*)
(Community design - Invalidity proceedings - Registered Community design representing a post - Ground for invalidity - Failure to comply with the requirements for protection - Article 25(1)(b) of Regulation (EC) No 6/2002 - Features of appearance of a product solely dictated by its technical function - Article 8(1) of Regulation No 6/2002)
(2023/C 7/31)
Language of the case: English
Parties
Applicant: Praesidiad Holding (Zwevegem, Belgium) (represented by M. Rieger-Jansen and D. Op de Beeck, lawyers)
Defendant: European Union Intellectual Property Office (represented by J. Ivanauskas, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Zaun Ltd (Wolverhampton, United Kingdom) (represented by O. Petter and J. Saladin, lawyers)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment and the alteration of the decision of the Third Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 15 February 2021 (Case R 2068/2019-3).
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 15 February 2021 (Case R 2068/2019-3);
2.Rejects the application filed by Zaun Ltd on 27 March 2018 for a declaration that the design registered under the number 127204-0001 is invalid;
3.Orders EUIPO to bear its own costs and to pay those incurred by Praesidiad Holding;
4.Orders Zaun to bear its own costs.
(*) Language of the case: English.
(1) OJ C 278, 12.7.2021.