Judgment of the General Court (First Chamber) of 9 March 2012 — Coverpla v OHIM – Heinz‑Glas (Flacon)

(Case T-450/08)

Community design — Invalidity proceedings — Registered Community design representing a bottle — Prior design — Ground for invalidity — Disclosure of prior design — Absence of novelty — Articles 5 and 25(1)(b) of Regulation (EC) No 6/2002

1.                     Community design — Ground for invalidity — No individual character — Disclosure by the designer or his successor in title — Proof of the disclosure (Council Regulation No 6/2002, Arts 5(1)(b), and 7(1)) (see paras 20-23)

Re:

ACTION brought against the decision of the Third Board of Appeal of OHIM of 7 July 2008 (Case R 1411/2007-3), relating to invalidity proceedings between Heinz-Glas GmbH and Coverpla in respect of a Community design.

Operative part

The Court:

1. Dismisses the action;

2. Orders Coverpla to pay the costs.