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Case T-245/24: Judgment of the General Court of 12 February 2025 – Alberts v EUIPO – Techtex (Cardboard boxes [packaging]) (Community design – Invalidity proceedings – Registered Community design representing a cardboard box (packaging) – Earlier national word marks – Ground for invalidity – Use in the subsequent design of a distinctive sign the holder of which has the right to prohibit such use – Article 25(1)(e) of Regulation (EC) No 6/2002 – Article 27(2) of Delegated Regulation (EU) 2018/625 – No similarity between the goods)
ECLI:EU:UNKNOWN:62024TA0245
62024TA0245
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Official Journal of the European Union
C series
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C/2025/1767
31.3.2025
(Case T-245/24)
(Community design - Invalidity proceedings - Registered Community design representing a cardboard box (packaging) - Earlier national word marks - Ground for invalidity - Use in the subsequent design of a distinctive sign the holder of which has the right to prohibit such use - Article 25(1)(e) of Regulation (EC) No 6/2002 - Article 27(2) of Delegated Regulation (EU) 2018/625 - No similarity between the goods)
(C/2025/1767)
Language of the case: English
Parties
Applicant: Adina Alberts (Bucharest, Romania) (represented by: V. Roș and A. Livădariu, lawyers)
Defendant: European Union Intellectual Property Office (represented by: C. Bovar and E. Nicolás Gómez, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Techtex SRL (Cicârlău, Romania) (represented by: B. Bularda, lawyer)
Re:
By her action under Article 263 TFEU, the applicant seeks the annulment and alteration of the decision of the Third Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 11 March 2024 (Case R 1348/2023-3).
Operative part of the order
The Court:
Dismisses the action;
Orders Ms Adina Alberts to bear her own costs and to pay those incurred by Techtex SRL;
Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs.
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(1) OJ C C/2024/3920, 1.7.2024.
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ELI: http://data.europa.eu/eli/C/2025/1767/oj
ISSN 1977-091X (electronic edition)
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