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Document 62024TA0220
Case T-220/24: Judgment of the General Court of 2 April 2025 – SMT v EUIPO – Pies and Rixen (Building materials) (Community design – Invalidity proceedings – Registered community design representing a profile bar (building materials) – Grounds for invalidity – No individual character – No different overall impression – Article 4(1), Article 6(1)(b), and Article 25(1)(b) of Regulation (EC) No 6/2002 – Features of appearance of a product to be necessarily reproduced in their exact form and dimensions in order to permit the interconnection with other products – Article 8(2) of Regulation No 6/2002 – Component part of a complex product – Article 4(2) of Regulation No 6/2002)
Case T-220/24: Judgment of the General Court of 2 April 2025 – SMT v EUIPO – Pies and Rixen (Building materials) (Community design – Invalidity proceedings – Registered community design representing a profile bar (building materials) – Grounds for invalidity – No individual character – No different overall impression – Article 4(1), Article 6(1)(b), and Article 25(1)(b) of Regulation (EC) No 6/2002 – Features of appearance of a product to be necessarily reproduced in their exact form and dimensions in order to permit the interconnection with other products – Article 8(2) of Regulation No 6/2002 – Component part of a complex product – Article 4(2) of Regulation No 6/2002)
Case T-220/24: Judgment of the General Court of 2 April 2025 – SMT v EUIPO – Pies and Rixen (Building materials) (Community design – Invalidity proceedings – Registered community design representing a profile bar (building materials) – Grounds for invalidity – No individual character – No different overall impression – Article 4(1), Article 6(1)(b), and Article 25(1)(b) of Regulation (EC) No 6/2002 – Features of appearance of a product to be necessarily reproduced in their exact form and dimensions in order to permit the interconnection with other products – Article 8(2) of Regulation No 6/2002 – Component part of a complex product – Article 4(2) of Regulation No 6/2002)
OJ C, C/2025/2664, 19.5.2025, ELI: http://data.europa.eu/eli/C/2025/2664/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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Official Journal |
EN C series |
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C/2025/2664 |
19.5.2025 |
Judgment of the General Court of 2 April 2025 – SMT v EUIPO – Pies and Rixen (Building materials)
(Case T-220/24) (1)
(Community design - Invalidity proceedings - Registered community design representing a profile bar (building materials) - Grounds for invalidity - No individual character - No different overall impression - Article 4(1), Article 6(1)(b), and Article 25(1)(b) of Regulation (EC) No 6/2002 - Features of appearance of a product to be necessarily reproduced in their exact form and dimensions in order to permit the interconnection with other products - Article 8(2) of Regulation No 6/2002 - Component part of a complex product - Article 4(2) of Regulation No 6/2002)
(C/2025/2664)
Language of the case: German
Parties
Applicant: SMT GmbH (Reutlingen, Germany) (represented by: T. Seifried, lawyer)
Defendant: European Union Intellectual Property Office (represented by: E. Markakis, acting as Agent)
Other parties to the proceedings before the Board of Appeal of EUIPO, interveners before the General Court: Gerrit Pies (Solingen, Germany), Wolfgang Rixen (Solingen) (represented by: M. Wiume, lawyer)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Third Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 5 March 2024 (Case R-2163/2022-3).
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders SMT GmbH to bear its own costs and to pay those incurred by MM. Gerrit Pies and Wolfgang Rixen; |
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3. |
Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs. |
ELI: http://data.europa.eu/eli/C/2025/2664/oj
ISSN 1977-091X (electronic edition)