This document is an excerpt from the EUR-Lex website
Document 62018TJ0210
Judgment of the General Court (Third Chamber) of 6 June 2019.
Dr. Ing. h.c. F. Porsche AG v European Union Intellectual Property Office.
Community design — Invalidity proceedings — Registered Community design representing a car — Earlier Community design — Ground for invalidity — No individual character — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002.
Case T-210/18.
Judgment of the General Court (Third Chamber) of 6 June 2019.
Dr. Ing. h.c. F. Porsche AG v European Union Intellectual Property Office.
Community design — Invalidity proceedings — Registered Community design representing a car — Earlier Community design — Ground for invalidity — No individual character — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002.
Case T-210/18.
Court reports – general – 'Information on unpublished decisions' section
Judgment of the General Court (Third Chamber) of 6 June 2019 –
Porsche v EUIPO — Autec (Cars)
(Case T‑210/18)
(Community design — Invalidity proceedings — Registered Community design representing a car — Earlier Community design — Ground for invalidity — No individual character — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002)
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Community designs — Ground 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 prior design (Council Regulation No 6/2002, Arts 6(1) and 25(1)(b)) (see paras 26, 105) |
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Community designs — Ground for invalidity — No individual character — Design not giving the informed user a different overall impression from that produced by the earlier design — Informed user — Meaning (Council Regulation No 6/2002, Arts 6(1) and 25(1)(b)) (see paras 28, 29) |
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Community designs — Application for registration — Conditions — Indication of the goods (Council Regulation No 6/2002, Art. 36(2)) (see paras 35, 36) |
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Community designs — Ground for invalidity — No individual character — Design not giving the informed user a different overall impression from that produced by the earlier design — Representation of a car (Council Regulation No 6/2002, Arts 6(1) and 25(1)(b)) (see paras 46, 62, 113) |
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Community designs — Ground 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 — Creative licence (Council Regulation No 6/2002, Arts 6(2) and 25(1)(b)) (see paras 47-51, 57) |
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Community designs — Ground for invalidity — No individual character — Design not giving the informed user a different overall impression from that produced by the earlier design — General tendency in design matters — Irrelevant (Council Regulation No 6/2002, Arts 6(1) and 25(1)(b)) (see para. 60) |
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Community designs — Ground for invalidity — No individual character — Design not giving the informed user a different overall impression from that produced by the earlier design — Consideration given, as representations of the same earlier design or model, to elements disclosed to the public in different ways (Council Regulation No 6/2002, Arts 6(1) and 25(1)(b)) (see paras 75-79) |
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Community designs — Conditions for protection — Overlap of the conditions of novelty and individual character (Council Regulation No 6/2002, Arts 5 and 6) (see paras 86, 87) |
Re:
Action brought against the decision of the Third Board of Appeal of EUIPO of 19 January 2018 (Case R 941/2016-3), relating to invalidity proceedings between Autec AG and Dr. Ing. h.c. F. Porsche AG.
Operative part
The Court:
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Dismisses the action; |
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Orders Dr. Ing. h.c. F. Porsche AG to pay the costs. |