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Case T-25/23: Action brought on 27 January 2023 — Orgatex v EUIPO — Longton (Ground marking)
ECLI:EU:UNKNOWN:62023TN0025
62023TN0025
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13.3.2023
EN
Official Journal of the European Union
C 94/59
(Case T-25/23)
(2023/C 94/71)
Language in which the application was lodged: German
Parties
Applicant: Orgatex GmbH & Co KG (Langenfeld, Germany) (represented by: G. Jacobs, M. Maybaum and M. Dümenil)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Lawrence Longton (Brindle, United Kingdom)
Details of the proceedings before EUIPO
Proprietor of the design at issue: Applicant
Design at issue: EU design — ‘Ground marking’ — EU design No 1112155-0001
Proceedings before EUIPO: Invalidity proceedings
Contested decision: Decision of the Third Board of Appeal of EUIPO of 17 November 2022 in Case R 110/2022-3
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order EUIPO to pay the costs of the proceedings before the Court and the Board of Appeal, including, in particular, the applicant’s costs.
Plea in law
—Infringement of Article 25(1)(1) and Article 3(a) of Council Regulation (EU) No 6/2002.