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Case T-181/24: Action brought on 4 April 2024 – Curaden v EUIPO – Alfa Vita (toothbrush)

ECLI:EU:UNKNOWN:62024TN0181

62024TN0181

April 4, 2024
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Official Journal of the European Union

C series

C/2024/3344

3.6.2024

(Case T-181/24)

(C/2024/3344)

Language in which the application was lodged: English

Parties

Applicant: Curaden AG (Kriens, Switzerland) (represented by: B. Hanika, lawyer)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: Alfa Vita s. r. o. (Prague, Czech Republic)

Details of the proceedings before EUIPO

Proprietor of the design at issue: Applicant before the General Court

Design at issue: International registration designating the European Union in respect of design No. DM/084 061-0001 (toothbrush)

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Third Board of Appeal of EUIPO of 1 February 2024 in Case R 636/2023-3

Form of order sought

The applicant claims that the Court should:

annul the contested decision and the decision of 20 January 2023 of the Invalidity Division No. ICD 117034;

hold that the design at issue is not declared invalid;

order EUIPO to pay the costs.

Plea in law

Infringement of Articles 4, 5 and 6(1)(b) of Council Regulation (EC) No 6/2002.

ELI: http://data.europa.eu/eli/C/2024/3344/oj

ISSN 1977-091X (electronic edition)

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