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Case T-532/18: Judgment of the General Court of 17 September 2019 — Aroma Essence v EUIPO — Refan Bulgaria (washing sponge) (Community design — Invalidity proceedings — Registered Community design representing a washing sponge — Earlier designs — Grounds for invalidity — Examination by the Board of Appeal of its own motion of the facts constituting disclosure — Burden of proof on the invalidity applicant — Requirements relating to the reproduction of the prior design)
ECLI:EU:UNKNOWN:62018TA0532
62018TA0532
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25.11.2019
Official Journal of the European Union
C 399/53
(Case T-532/18) (*)
(Community design - Invalidity proceedings - Registered Community design representing a washing sponge - Earlier designs - Grounds for invalidity - Examination by the Board of Appeal of its own motion of the facts constituting disclosure - Burden of proof on the invalidity applicant - Requirements relating to the reproduction of the prior design)
(2019/C 399/64)
Language of the case: English
Parties
Applicant: Aroma Essence Ltd (Kazanlak, Bulgaria) (represented by: A. Nastev, lawyer)
Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas and H. O’Neill, Agents,)
Other party to the proceedings before the Board of Appeal of EUIPO: Refan Bulgaria OOD (Trud, Bulgaria)
Re:
Action brought against the decision of the Third Board of Appeal of EUIPO of 19 July 2018 (Case R 1197/2017-3), relating to invalidity proceedings between Aroma Essence and Refan Bulgaria.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Aroma Essence Ltd to pay the costs.
(*) Language of the case: English.
(1) OJ C 392, 29.10.2018.