Action brought on 11 May 2024 – Alberts v EUIPO – Techtex (Cardboard boxes [packaging])

(Case T-245/24)

Language in which the application was lodged: English

Parties

Applicant: Adina Alberts (Bucharest, Romania) (represented by: V. Roș and A. Livădariu, lawyers)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: Techtex SRL (Oșorhei, Romania)

Details of the proceedings before EUIPO

Proprietor of the design at issue: Other party to the proceedings before the Board of Appeal

Design at issue: Community design Cardboard boxes [packaging] – Community design No 7 873 187-0001

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Third Board of Appeal of EUIPO of 11 March 2024 in Case R 1348/2023-3

Form of order sought

The applicant claims that the Court should:

annul the contested decision;

primarily, grant the application for a declaration that the design at issue is invalid;

in the alternative, refer the case back to the Board of Appeal for reconsideration;

order EUIPO and the intervener to bear their own costs and the costs incurred by the applicant before the General Court and before the Board of Appeal.

Pleas in law

Infringement of essential procedural requirement and rules of law relating to the limits of the Board of Appeal when assessing the pleas;

Infringement of Article 25(1)(e) of the Council Regulation (EC) No 6/2002.

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