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

Текст

... – No individual character – Article 6(1)(b) of Regulation (EC) No 6/2002 – Disclosure of the earlier design – Article 7(1) of Regulation No 6/2002 – Decision adopted following the annulment by the General Court of an earlier decision – Res judicata)

In Case T‑1/21,

Fabryki Mebli “Forte” S.A., established in Ostrów Mazowiecka (Poland), represented by H. Basiński, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by J. Ivanauskas, acting as Agent,

defendant,

the other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court, being

Bog-Fran sp. z o.o. sp.k., established in Warsaw (Poland), represented by M. Mikosza and E. Guissart, lawyers,

ACTION brought against the decision of the Third Board of Appeal of EUIPO of 28 October 2020 (Case R 595/2020-3), relating to invalidity proceedings between Bog-Fran and Fabryki Mebli “Forte”,

THE GENERAL COURT (Fifth Chamber),

composed of D. Spielmann (Rapporteur), President, U. Öberg and M. Brkan, Judges,

Registrar: A. Juhász-Tóth, Administrator,

having regard to the application lodged at the Court Registry on 4 January 2021,

having regard to the response of EUIPO lodged at the Court Registry on 9 March 2021,

having regard to the response of the intervener lodged at the Court Registry on 30 March 2021,

further to the hearing on 9 November 2021,

gives the following

Judgment

Background to the dispute

1. On 17 September 2013, the applicant, Fabryki Mebli “Forte” S.A., filed with the European Union Intellectual Property Office (EUIPO), pursuant to Council Regulation (EC) ...