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Case T-296/17: Judgment of the General Court of 22 November 2018 — Buck-Chemie v EUIPO — Henkel (Cleansing block for toilets) (Community design — Invalidity proceedings — Registered Community design representing a cleansing block for toilets — Ground for invalidity — Individual character — Article 25 of Regulation (EC) No 6/2002)
ECLI:EU:UNKNOWN:62017TA0296
62017TA0296
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28.1.2019
Official Journal of the European Union
C 35/21
(Case T-296/17) (*)
((Community design - Invalidity proceedings - Registered Community design representing a cleansing block for toilets - Ground for invalidity - Individual character - Article 25 of Regulation (EC) No 6/2002))
(2019/C 35/25)
Language of the case: German
Parties
Applicant: Buck-Chemie GmbH (Herrenberg, Germany) (represented by: C. Schultze, J. Ossing, R.-D. Härer, C. Weber, H. Ranzinger, C. Brockmann and C. Gehweiler, lawyers)
Defendant: European Union Intellectual Property Office (represented by: S. Hanne, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Henkel AG & Co. KGaA (Düsseldorf, Germany) (represented by: J. Schmidt, lawyer)
Re:
Action brought against the decision of the Third Board of Appeal of EUIPO of 8 March 2017 (Case R 2113/2015-3), relating to invalidity proceedings between Buck-Chemie and Henkel.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Buck-Chemie GmbH to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO) and by Henkel AG & Co. KGaA, including the costs necessarily incurred before the Board of Appeal of EUIPO.
(*)
OJ C 239, 24.7.2017.