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Case T-538/20: Action brought on 26 August 2020 — Guasch Pubill v EUIPO — Napkings (Cleaning cloths, Table linen)
ECLI:EU:UNKNOWN:62020TN0538
62020TN0538
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Official Journal of the European Union
C 359/11
(Case T-538/20)
(2020/C 359/16)
Language in which the application was lodged: Spanish
Parties
Applicant: Marcos Guasch Pubill (Barcelona, Spain) (represented by: R. Guerras Mazón, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Napkings, SL (Madrid, Spain)
Details of the proceedings before EUIPO
Proprietor of the design at issue: Applicant before the General Court
Design at issue: Community design (Cleaning cloths, Table linen) — Community design No 650 627-0003
Contested decision: Decision of the Third Board of Appeal of EUIPO of 23 June 2020 in Case R 1051/2019-3
Form of order sought
The applicant claims that the General Court should:
—annul the contested decision, upholding the plea of res judicata, and order EUIPO to pay the costs;
—in the alternative, reject the pleas relied upon, annul the contested decision and give another decision in its place setting aside the declaration of invalidity in its entirety, or refer the case back to EUIPO so that it may examine the ‘additional grounds’ on which it has yet to give a ruling, and in any event order EUIPO to pay the costs.
Pleas in law
—Infringement of Article 52(3) of Council Regulation (EC) No 6/2002.
—Infringement of Article 7(1) of Council Regulation (EC) No 6/2002.
—Infringement of Article 25(1)(b), read in conjunction with Article 6 of Council Regulation (EC) No 6/2002.