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Case T-208/23: Action brought on 21 April 2023 — Clofor v EUIPO — Sitges Alonso (Posts)
ECLI:EU:UNKNOWN:62023TN0208
62023TN0208
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19.6.2023
EN
Official Journal of the European Union
C 216/50
(Case T-208/23)
(2023/C 216/66)
Language in which the application was lodged: French
Parties
Applicant: Clofor (Renage, France) (represented by: P. Debré, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Paul Sitges Alonso (Barcelona, Spain)
Details of the proceedings before EUIPO
Proprietor of the design at issue: Applicant
Design at issue: Community design (Posts) — Community design No 2 951 335-0001
Proceedings before EUIPO: Cancellation proceedings
Contested decision: Decision of the Third Board of Appeal of EUIPO of 15 February 2023 in Case R 1103/2022-3
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—amend the contested decision in such a way as to reject the application for declaration of invalidity of Community design No 2 951 335-0001;
—order EUIPO to pay the costs, including those incurred before the Third Board of Appeal.
Pleas in law
—Infringement of Article 25(1)(b) of Council Regulation (EC) No 6/2002, read in conjunction with Article 7 of that regulation;
—Reversal of the burden of proof and infringement of Article 52(2) of Council Regulation (EC) No 6/2002.