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Case T-760/16: Judgment of the General Court of 17 May 2018 — Basil v EUIPO — Artex (Baskets adapted for cycles) (Community design — Invalidity proceedings — Registered Community design representing baskets adapted for cycles — Ground for invalidity — Inadmissibility of the application for a declaration of invalidity — Article 52(3) and Article 86(5) of Regulation (EC) No 6/2002 — Disclosure of the earlier design — Individual character — Different overall impression — Article 6 and Article 25(1)(b) of Regulation No 6/2002)
ECLI:EU:UNKNOWN:62016TA0760
62016TA0760
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(Case T-760/16) (*1)
Language of the case: German
Parties
Applicant: Basil BV (Silvolde, Netherlands) (represented by: N. Weber and J. von der Thüsen, lawyers)
Defendant: European Union Intellectual Property Office (represented by: S. Hanne and D. Walicka, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Artex SpA (San Zeno di Cassola, Italy) (represented by: J. Vogtmeier, lawyer)
Re:
Action brought against the decision of the Third Board of Appeal of EUIPO of 7 July 2016 (Case R 535/2015-3), relating to invalidity proceedings between Artex and Basil.
Operative part of the judgment
The Court:
1.The action is dismissed;
2.Basil BV is ordered to pay the costs.
*
(*1) OJ C 6, 9.1.2018.