Language of document : ECLI:EU:T:2017:684

Provisional text


3 October 2017 (*)

(Community design — Invalidity proceedings — Registered Community design representing a container for sweets — Earlier international three-dimensional mark — Shape of a standard container which can be filled with sweets — Likelihood of confusion — Application of national law — Article 25(1)(e) of Regulation (EC) No 6/2002 — Article 62 and Article 63(1) of Regulation No 6/2002)

In Case T‑695/15,

BMB sp. z o.o., established in Grójec (Poland), represented by K. Czubkowski, lawyer,



European Union Intellectual Property Office (EUIPO), represented by S. Hanne, acting as Agent,


the other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court, being

Ferrero SpA, established in Alba (Italy), represented by M. Kefferpütz, lawyer,

ACTION brought against the decision of the Third Board of Appeal of EUIPO of 8 September 2015 (Case R 1150/2012-3), relating to invalidity proceedings between Ferrero and BMB,

THE GENERAL COURT (First Chamber),

composed of I. Pelikánová, President, V. Valančius and U. Öberg (Rapporteur), Judges,

Registrar: J. Weychert, Administrator,

having regard to the application lodged at the Court Registry on 24 November 2015,

having regard to the response of EUIPO lodged at the Court Registry on 2 May 2016,

having regard to the response of the intervener lodged at the Court Registry on 29 April 2016,

further to the hearing on 28 March 2017,

gives the following


 Background to the dispute

1        The applicant, BMB sp. z o. o., is the right holder of the Community design filed on 15 November 2007 and registered on the same day under No 826 680-0001 with the European Union Intellectual Property Office (EUIPO) pursuant to Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs (OJ 2002 L 3, p. 1).

2        The contested design in respect of which registration was sought is for comfit boxes and containers in Class 09.03 of the Locarno Agreement Establishing an International Classification for Industrial Designs of 8 October 1968, as amended, and was published in Community Design Bulletin No 2007/191 of 14 December 2007. It is represented as follows:

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