Judgment of the General Court (Seventh Chamber) of 4 February 2014 —
Sachi Premium-Outdoor Furniture v OHIM — Gandia Blasco (Armchair)
(Case T‑357/12)
Community design — Invalidity proceedings — Registered Community design representing an armchair — Earlier design — Ground for invalidity — Lack of individual character — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002
1. Community designs — Ground for invalidity — No individual character — Design not producing on a well-informed user a different overall impression from that produced by the earlier design — Representation of an armchair (Council Regulation No 6/2002, Arts 6(1) and 25(1)(b)) (see paras 14, 17, 18, 21, 31, 42, 60, 61)
2. Community designs — Ground for invalidity — No individual character — Informed user — Concept (Council Regulation No 6/2002, Arts 6(1) and 25(1)(b)) (see paras 15, 16)
3. Community designs — Ground for invalidity — No individual character — Design not producing on a well-informed user a different overall impression from that produced by the earlier design — Criteria for assessment — Creative licence (Council Regulation No 6/2002, Arts 6(2) and 25(1)(b)) (see paras 19, 20)
4. Community designs — Ground for invalidity — No individual character — Design not producing on a well-informed user a different overall impression from that produced by the earlier design — General tendency in design matters — Not relevant (Council Regulation No 6/2002, Arts 6(1) and 25(1)(b)) (see para. 24)
Re:
| ACTION brought against the decision of the Third Board of Appeal of OHIM of 27 April 2012 (Case R 969/2011‑3) in relation to invalidity proceedings between Gandia Blasco, SA and Sachi Premium-Outdoor Furniture, Lda. |
Operative part
The Court:
2. | | Orders Sachi Premium-Outdoor Furniture Lda to pay its own costs and also the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM); |
3. | | Orders Gandia Blasco, SA to pay its own costs. |