Дело T-***/**: *****************, Съдебно решение от **.**.2024 г.

Текст

... ommunity design – Grounds for invalidity – Individual character – Different overall impression – Degree of freedom of the designer – Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002)

In Case T‑82/23,

Nextrend GmbH, established in Flörsheim am Main (Germany), represented by T. Weiland and C. Corbet, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by E. Nicolás Gómez, acting as Agent,

defendant,

the other parties to the proceedings before the Board of Appeal of EUIPO, interveners before the General Court, being

Xiamen Axent Corporation Ltd, established in Haicang (China),

Axent Switzerland AG, established in Rapperswil-Jona (Switzerland),

represented by M. Ring and A. Wan, lawyers,

THE GENERAL COURT (Second Chamber),

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

Registrar: V. Di Bucci,

having regard to the written part of the procedure,

having regard to the fact that no request for a hearing was submitted by the parties within three weeks after service of notification of the close of the written part of the procedure, and having decided to rule on the action without an oral part of the procedure, pursuant to Article 106(3) of the Rules of Procedure of the General Court,

gives the following

Judgment

1. By its action based on Article 263 TFEU, the applicant, Nextrend GmbH, seeks, in essence, annulment of the decision of the Third Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 7 December 2022 (Case R 1604/2021-3) (‘the contested decision’).

Background to ...