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Case T-30/18: Action brought on 23 January 2018 — Yado v EUIPO — Dvectis CZ (seat cushion)

ECLI:EU:UNKNOWN:62018TN0030

62018TN0030

January 23, 2018
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12.3.2018

EN

Official Journal of the European Union

C 94/34

(Case T-30/18)

(2018/C 094/45)

Language in which the application was lodged: Slovak

Parties

Applicant: Yado s.r.o. (Handlová, Slovakia) (represented by: D. Futej, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Dvectis CZ s.r.o. (Brno, Czech Republic)

Details of the proceedings before EUIPO

Proprietor of the design at issue: Applicant

Design at issue: European Union design No 2 371 591-0001

Contested decision: Decision of the Third Board of Appeal of EUIPO of 14 November 2017 in Case R 1017/2017-3

Form of order sought

The applicant claims that the Court should:

annul the contested decision declaring the appeal inadmissible;

order the defendant to deal with the appeal and give a ruling thereon;

order the defendant to pay the costs incurred by the applicant in the present proceedings.

Pleas in law

Error in law for the purpose of Article 57 of Regulation No 6/2002 and Article 65 of Regulation No 2245/2002;

Infringement of the applicant’s fundamental right to be heard;

Infringement of Article 7 of Regulation No 6/2002

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