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Case T-492/20: Action brought on 24 July 2020 — S. Tous v EUIPO — Zhejiang China-Best Import & Export (Lamp)
ECLI:EU:UNKNOWN:62020TN0492
62020TN0492
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21.9.2020
EN
Official Journal of the European Union
C 313/33
(Case T-492/20)
(2020/C 313/47)
Language in which the application was lodged: Spanish
Parties
Applicant: S. Tous, SL (Manresa, Spain) (represented by: D. Gómez Sánchez and J.L. Gracia Albero, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Zhejiang China-Best Import & Export 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 (Luminaires) — Community design No 4422343-0012
Contested decision: Decision of the Third Board of Appeal of EUIPO of 26 May 2020 in Case R 1553/2019-3
Form of order sought
The applicant claims that the General Court should:
—annul the contested decision;
—order the proprietor of the contested design to pay the costs of the present proceedings, including those incurred in respect of the proceedings before the Invalidity Division and the Third Board of Appeal.
Pleas in law
Infringement of Article 25(1)(b) and (c) of Council Regulation (EC) No 6/2002 (in conjunction with Article 6, Article 7 and Article 9(2)(c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council).