Action brought on 21 April 2023 – Clofor v EUIPO – Sitges Alonso (Posts)

(Case T-208/23)

Language in which the application was lodged: French

Parties

Applicant: Clofor (Renage, France) (represented by: P. Debré, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Paul Sitges Alonso (Barcelona, Spain)

Details of the proceedings before EUIPO

Proprietor of the design at issue: Applicant

Design at issue: Community design (Posts) – Community design No 2 951 335-0001

Proceedings before EUIPO: Cancellation proceedings

Contested decision: Decision of the Third Board of Appeal of EUIPO of 15 February 2023 in Case R 1103/2022-3

Form of order sought

The applicant claims that the Court should:

annul the contested decision;

amend the contested decision in such a way as to reject the application for declaration of invalidity of Community design No 2 951 335-0001;

order EUIPO to pay the costs, including those incurred before the Third Board of Appeal.

Pleas in law

Infringement of Article 25(1)(b) of Council Regulation (EC) No 6/2002, read in conjunction with Article 7 of that regulation;

Reversal of the burden of proof and infringement of Article 52(2) of Council Regulation (EC) No 6/2002.

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