Judgment of the General Court (Ninth Chamber) of 17 November 2021 –
Guasch Pubill v EUIPO – Nap-Kings (Table linen)
(Case T‑538/20) (1)
(Community design – Invalidity proceedings – Registered Community design representing table linen – Disclosure of earlier design – Article 7 of Regulation (EC) No 6/2002 – Ground for invalidity – No individual character – Article 6 and Article 25(1)(b) of Regulation No 6/2002 – Inadmissibility of the application for a declaration of invalidity – Article 52(3) of Regulation No 6/2002)
1. Community designs – Grounds for invalidity – No individual character – Disclosure to the public – Proof of the disclosure
(Council Regulation No 6/2002, Art. 7(1))
(see para. 30)
2. Community designs – Grounds for invalidity – No individual character – Disclosure to the public – Exception – Facts not reasonably capable of being known to specialist circles of the sector concerned – Events taking place outside the EU – Criteria for assessment
(Council Regulation No 6/2002, Art. 7(1))
(see paras 31-33)
3. Community designs – Grounds for invalidity – No individual character – Design not giving the 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 para. 46)
4. Community designs – Grounds for invalidity – No individual character – Design not giving the informed user a different overall impression from that produced by the earlier design – Global assessment of all the elements of the earlier design
(Council Regulation No 6/2002, Arts 6(1) and (2) and 25(1)(b))
(see paras 47, 48)
5. Community designs – Grounds for invalidity – No individual character – Design not giving the informed user a different overall impression from that produced by the earlier design – Informed user – Concept
(Council Regulation No 6/2002, Arts 6(1) and 25(1)(b))
(see para. 50)
Operative part
The Court:
2. | | Orders Mr Marcos Guasch Pubill to pay the costs. |