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Case T-492/22: Action brought on 8 August 2022 — Cyprian Iwuć v EUIPO — Hangzhou XiangHui (Packaging boxes, Socks (Set of -))
ECLI:EU:UNKNOWN:62022TN0492
62022TN0492
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Valentina R., lawyer
26.9.2022
EN
Official Journal of the European Union
C 368/30
(Case T-492/22)
(2022/C 368/50)
Language in which the application was lodged: Polish
Parties
Applicant: Cyprian Iwuć (Sliema, Malta) (represented by: T. Kos, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Hangzhou XiangHui International Trading Co., Ltd. (Hangzhou, China)
Details of the proceedings before EUIPO
Proprietor of the design at issue: Other party to the proceedings before the Board of Appeal
Design at issue: Community design ‘Packaging boxes, Socks (Set of -)’ — Community design No 8 043 228-0001
Contested decision: Decision of the Third Board of Appeal of EUIPO of 20 May 2022 in Case R 1672/2021-3
Form of order sought
The applicant claims that the Court should:
—annul the contested decision and, accordingly, declare the contested design invalid; in the alternative, if the contested design is not deemed to lack novelty as a whole, limit, on the basis of Article 25(6) of Council Regulation (EC) No 6/2002, the registration of the contested design to the cardboard box;
—order EUIPO and the other party to the proceedings before EUIPO to pay the costs of the proceedings before the Board of Appeal; order EUIPO to pay all the costs of the present proceedings.
Plea in law
—Infringement of Article 5(1)(b) and Article 7(1), in conjunction with Article 63, of Council Regulation (EC) No 6/2002 on Community Designs, read in conjunction with Article 28(1)(b) and (v) of Commission Regulation (EC) No 2245/2002 implementing Council Regulation (EC) No 6/2002.