Judgment of the General Court (Third Chamber) of 28 January 2015 — Argo Development and Manufacturing v OHIM — Clapbanner (Representation of advertising articles)
(Case T‑41/14)
Community design — Invalidity proceedings — Registered Community design representing an advertising article — Earlier Community designs — Grounds for invalidity — Novelty — Individual character — Informed user — Degree of freedom of the designer — Different overall impression — Articles 4, 5, 6 and Article 25(1)(b) of Regulation (EC) No 6/2002
1. Community designs — Conditions for protection — Design constituting a piece of a complex product — Piece having to remain visible during normal use of the product to be regarded as new and having individual character (Council Regulation No 6/2002, Arts 3(c), and 4(2) and (3)) (see paras 14, 15)
2. 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 (Council Regulation No 6/2002, Arts 6(1), and 25(1)(b)) (see paras 26, 27, 29)
3. Community designs — Ground for invalidity — Conflict with an earlier design — Design not producing on a well-informed user a different overall impression from that produced by the earlier design — Informed user — Concept (Council Regulation No 6/2002, Arts 6(1), 10(1), and 25(1)(d)) (see paras 34, 51)
4. Community designs — Ground for invalidity — Conflict with an earlier design — Design not producing on a well-informed user a different overall impression from that produced by the earlier design — Criteria for assessment — Creative licence — Similarities between the designs concerning common characteristics (Council Regulation No 6/2002, Arts 10 and 25(1)(d)) (see para. 37)
Re:
| ACTION brought against the decision of the Third Board of Appeal of OHIM of 22 October 2013 (Case R 981/2012-3) in relation to invalidity proceedings between Argo Development and Manufacturing Ltd and Clapbanner Ltd. |
Operative part
The Court:
2. | | Orders Argo Development and Manufacturing Ltd to pay the costs. |