9.1.2023 |
EN |
Official Journal of the European Union |
C 7/32 |
Action brought on 11 October 2022 — Canalones Castilla v EUIPO — Canalones Novokanal (Water-collection guttering; waterspouts)
(Case T-329/22)
(2023/C 7/41)
Language in which the application was lodged: Spanish
Parties
Applicant: Canalones Castilla, SL (Madrid, Spain) (represented by: F. J. Serrano Irurzun, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Canalones Novokanal, SL (Madrid, Spain)
Details of the proceedings before EUIPO
Proprietor of the design at issue: Applicant
Design at issue: Community design (Water-collection guttering; waterspouts) — Community design No 363 486-0001
Proceedings before EUIPO: Invalidity proceedings
Contested decision: Decision of the Third Board of Appeal of EUIPO of 5 April 2022 in Case R 1122/2021-3
Form of order sought
The applicant claims that the Court should:
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annul the contested decision; |
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if the applicant’s claims are rejected in their entirety, order, in ruling as to costs in the decision closing the proceedings, that the other parties must bear their own costs. |
Pleas in law
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The prior disclosure of the design submitted by the invalidity applicant has not been sufficiently established. |
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In the alternative, the design submitted by the invalidity applicant as a prior design does not produce the same overall impression as the design at issue. |
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In the alternative, the disclosure was abusive due to infringement of copyright. |