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Case T-380/20: Action brought on 17 June 2020 — Tubes Radiatori v EUIPO — Antrax It (Radiator for heating)

ECLI:EU:UNKNOWN:62020TN0380

62020TN0380

June 17, 2020
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EN

Official Journal of the European Union

C 271/44

(Case T-380/20)

(2020/C 271/55)

Language in which the application was lodged: Italian

Parties

Applicant: Tubes Radiatori Srl (Resana, Italy) (represented by: S. Verea, K. Muraro, M. Balestriero and P. Menapace, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Antrax It Srl (Resana, Italy)

Details of the proceedings before EUIPO

Proprietor of the design at issue: Applicant before the General Court

Design at issue: Community design No 169 370 - 0002 (Radiator for heating)

Contested decision: Decision of the Third Board of Appeal of EUIPO of 25 March 2020 in Case R 1275/2017-3

Form of order sought

The applicant claims that the Court should:

annul the contested decision;

find and declare that Community design No 169 370 - 0002, owned by TUBES RADIATORI Srl, is valid in so far as it is new and has individual character;

order EUIPO to pay the costs.

Plea in law

Infringement of Article 6 of Council Regulation (EC) No 6/2002.

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