Judgment of the General Court (First Chamber) of 9 September 2011 – Kwang Yang Motor v OHIM – Honda Giken Kogyo (internal combustion engine with vent on the top)

(Case T-10/08)

Community design – Invalidity proceedings – Registered Community design representing an internal combustion engine with the vent on the top – Earlier national design – Ground for invalidity – No individual character – Visible features of a component part of a complex product – No different overall impression – Informed user – Degree of freedom of the designer – Articles 4, 6 and 25(1)(b) of Regulation (EC) No 6/2002

1.                     Community designs – Grounds for invalidity – No individual character – Informed user – Concept (Council Regulation No 6/2002, Art. 6(1)) (see paras 23-27)

2.                     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 – Representation of an internal combustion engine with the vent on the top (Council Regulation No 6/2002, Arts 4(2), 6(1) and 25(1)(b)) (see paras 30, 38, 43, 45)

Re:

APPLICATION for annulment of the decision of 8 October 2007 of the Third Board of Appeal of OHIM (Case R 1337/2006-3), relating to invalidity proceedings for Community designs between Honda Giken Kogyo Kabushiki Kaisha and Kwang Yang Motor Co., Ltd.

Operative part

The Court:

1. Dismisses the action;

2. Orders Kwang Yang Motor Co., Ltd to pay the costs.