Official Journal of the European Union

C series

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C/2025/273

Action brought on 25 November 2024 – LTV Leuchten & Lampen v EUIPO – XAL (Lights)

(Case T-599/24)

(C/2025/273)

Language in which the application was lodged: German

Parties

Applicant: LTV Leuchten & Lampen Vertriebsgesellschaft mbH (Brunn am Gebirge, Austria) (represented by: C. Pilz, lawyer)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: XAL GmbH (Graz, Austria)

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 ‘Lights’ – Community design No 2 175 802-0003

Proceedings before EUIPO: Invalidity proceedings

Contested decision: Decision of the Third Board of Appeal of EUIPO of 26 September 2024 in Case R 1885/2023-3

Form of order sought

The applicant claims that the Court should:

—amend the contested decision to the effect that the appeal of the other party to the proceedings (opponent) of 4 September 2023 is dismissed as unfounded and that the decision of the Invalidity Division of EUIPO of 8 August 2023 (invalidity proceedings No ICD 119 619) is upheld or reinstated in its entirety;

—order EUIPO to bear its own costs and to pay all recoverable costs incurred by the applicant in the present proceedings and in the proceedings before the Board of Appeal pursuant to Article 134(1) of the Rules of Procedure.

Pleas in law

—Infringement of essential procedural requirements;

—Infringement of Article 6(1) of Council Regulation (EC) No 6/2002;

—Misuse of powers.

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ELI: http://data.europa.eu/eli/C/2025/273/oj

ISSN 1977-091X (electronic edition)

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