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Case T-748/18: Judgment of the General Court of 8 July 2020 — Glimarpol v EUIPO — Metar (Pneumatic power tool) (Community design — Invalidity proceedings — Registered Community design representing a pneumatic power tool — Earlier design — Proof of disclosure — Article 7 of Regulation (EC) No 6/2002 — Ground for invalidity — Individual character — Different overall impression — Article 6(1)(b) of Regulation No 6/2002)
ECLI:EU:UNKNOWN:62018TA0748
62018TA0748
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12.10.2020
Official Journal of the European Union
C 339/13
(Case T-748/18) (*)
(Community design - Invalidity proceedings - Registered Community design representing a pneumatic power tool - Earlier design - Proof of disclosure - Article 7 of Regulation (EC) No 6/2002 - Ground for invalidity - Individual character - Different overall impression - Article 6(1)(b) of Regulation No 6/2002)
(2020/C 339/15)
Language of the case: English
Parties
Applicant: Glimarpol sp. z o.o. (Bytom, Poland) (represented by: M. Kondrat, lawyer)
Defendant: European Union Intellectual Property Office (represented by: A. Folliard-Monguiral and H. O’Neill, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO: Metar sp. z o.o. (Gliwice, Poland) (represented by: R. Skubisz and M. Mazurek, lawyers)
Re:
Action brought against the decision of the Third Board of Appeal of EUIPO of 4 October 2018 (Case R 1615/2017-3), relating to invalidity proceedings between Metar and Glimarpol.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Glimarpol sp. z o.o. to pay the costs;
3.Orders Metar sp. z o.o. to bear its own costs.
(*) Language of the case: English.
(1) OJ C 72, 25.2.2019.