Action brought on 4 April 2024 – Curaden v EUIPO – Alfa Vita (toothbrush)
(Case T-181/24)
Language in which the application was lodged: English
Parties
Applicant: Curaden AG (Kriens, Switzerland) (represented by: B. Hanika, lawyer)
Defendant: European Union Intellectual Property Office
Other party to the proceedings before the Board of Appeal: Alfa Vita s. r. o. (Prague, Czech Republic)
Details of the proceedings before EUIPO
Proprietor of the design at issue: Applicant before the General Court
Design at issue: International registration designating the European Union in respect of design No. DM/084 061-0001 (toothbrush)
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Third Board of Appeal of EUIPO of 1 February 2024 in Case R 636/2023-3
Form of order sought
The applicant claims that the Court should:
annul the contested decision and the decision of 20 January 2023 of the Invalidity Division No. ICD 117034;
hold that the design at issue is not declared invalid;
order EUIPO to pay the costs.
Plea in law
Infringement of Articles 4, 5 and 6(1)(b) of Council Regulation (EC) No 6/2002.
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