Judgment of the General Court (Seventh Chamber) of 6 October 2011 – Industrias Francisco Ivars v OHIM – Motive (Mechanical speed reducer)

(Case T-246/10)

Community designs – Invalidity proceedings – Registered Community design representing a mechanical speed reducer – Earlier Community design – Ground of invalidity – No individual character – No different overall impression – Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002

Community designs – Ground for invalidity – No individual character – Design not producing on the informed user a different overall impression from that produced by the previous design – Representation of a mechanical speed reducer (Council Regulation No 6/2002, Arts 6(1) and 25(1)(b)) (see paras 21-22, 24-26, 28)

Re:

ACTION brought against the decision of the Third Board of Appeal of OHIM of 16 March 2010 (Case R 1337/2008-3) relating to invalidity proceedings between Motive Srl and Industrias Francisco Ivars, SL.

Operative part

The Court:

1. Dismisses the action;

2. Orders Industrias Francisco Ivars, SL to pay the costs.