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Alert: General Court rejects appeal on invalidity of Community designs (Antrax It Srl v EUIPO)

Alert: General Court rejects appeal on invalidity of Community designs (Antrax It Srl v EUIPO)
Published on: 16 February 2017
Published by: LexisPSL
  • Alert: General Court rejects appeal on invalidity of Community designs (Antrax It Srl v EUIPO)
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Article summary

IP & IT analysis: The General Court has dismissed an appeal filed by Antrax It Srl, in respect of the EUIPO’s decision to declare certain Community designs invalid. The contested designs were intended to be applied to thermosiphons, which were intended to be applied to radiators for heating in class 23.03. This was the second occasion on which the case had come before the General Court, which had previously annulled an earlier decision of the EUIPO. The applicant put forward four pleas in law, including arguments to the effect that the EUIPO had erred in its assessment of the evidence of saturation of the state of the art and had failed to take account of evidence about saturation of the market submitted to it previously. All of the pleas were rejected by the General Court. or take a trial to read the full analysis.

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