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Case T-1/21: Judgment of the General Court of 2 March 2022 — Fabryki Mebli ‘Forte’ v EUIPO — Bog-Fran (Furniture) (Community design — Invalidity proceedings — Registered Community design representing an item of furniture — Ground for invalidity — No individual character — Article 6(1)(b) of Regulation (EC) No 6/2002 — Disclosure of the earlier design — Article 7(1) of Regulation No 6/2002 — Decision adopted following the annulment by the General Court of an earlier decision — Res judicata)
ECLI:EU:UNKNOWN:62021TA0001
62021TA0001
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25.4.2022
Official Journal of the European Union
C 171/29
(Case T-1/21) (*)
(Community design - Invalidity proceedings - Registered Community design representing an item of furniture - Ground for invalidity - No individual character - Article 6(1)(b) of Regulation (EC) No 6/2002 - Disclosure of the earlier design - Article 7(1) of Regulation No 6/2002 - Decision adopted following the annulment by the General Court of an earlier decision - Res judicata)
(2022/C 171/37)
Language of the case: English
Parties
Applicant: Fabryki Mebli ‘Forte’ S.A. (Ostrów Mazowiecka, Poland) (represented by: H. Basiński, lawyer)
Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Bog-Fran sp. z o.o. sp.k. (Warsaw, Poland) (represented by: M. Mikosza and E. Guissart, lawyers)
Re:
Action brought against the decision of the Third Board of Appeal of EUIPO of 28 October 2020 (Case R 595/2020-3), relating to invalidity proceedings between Bog-Fran and Fabryki Mebli ‘Forte’.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Fabryki Mebli ‘Forte’ S.A. to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO) and by Bog-Fran sp. z o.o. sp.k..
(*)
Language of the case: English
ECLI:EU:C:2022:140
*
Language of the case: English