Дело T-***/**: *****************, Определение от **.**.2022 г.

Текст

... s on expiry of the registration – Application for restitutio in integrum – Article 67 of Regulation (EC) No 6/2002 – Duty to take due care – Action manifestly lacking any foundation in law)

In Case T‑311/22,

AMO Development LLC, established in Santa Ana, California (United States), represented by J. Day, Solicitor, and T. de Haan, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by T. Klee and E. Markakis, acting as Agents,

defendant,

THE GENERAL COURT (Second Chamber),

composed of A. Marcoulli, President, J. Schwarcz (Rapporteur) and V. Tomljenović, Judges,

Registrar: E. Coulon,

having regard to the written part of the procedure,

makes the following

Order

1. By its action pursuant to Article 263 TFEU, the applicant, AMO Development LLC, seeks annulment of the decision of the Third Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 15 March 2022 (Case R 1433/2021-3) (‘the contested decision’).

Background to the dispute

2. On 3 June 2015, the Community designs Nos 2712885-0001 and 2712885-0002 were registered in the name of Optimedica Corporation (‘the holder of the Community designs’).

3. On 6 November 2019, EUIPO informed the holder of the Community designs that the designs would expire on 3 June 2020 and that the request for their renewal, together with the corresponding fees, should be received by EUIPO on 30 June 2020 at the latest, a late renewal being possible, for an additional fee, within a further six-month period.

4. On 12 January 2021, EUIPO notified the ...