This document is an excerpt from the EUR-Lex website
Document 62021TJ0535
Judgment of the General Court (Tenth Chamber) of 29 March 2023.
Tinnus Enterprises LLC v European Union Intellectual Property Office.
Community design – Invalidity proceedings – Registered Community design representing fluid distribution equipment – Ground for invalidity – Non-compliance with requirements for protection – Article 25(1)(b) of Regulation (EC) No 6/2002 – Features of appearance of a product solely dictated by its technical function – Article 8(1) of Regulation No 6/2002.
Case T-535/21.
Judgment of the General Court (Tenth Chamber) of 29 March 2023.
Tinnus Enterprises LLC v European Union Intellectual Property Office.
Community design – Invalidity proceedings – Registered Community design representing fluid distribution equipment – Ground for invalidity – Non-compliance with requirements for protection – Article 25(1)(b) of Regulation (EC) No 6/2002 – Features of appearance of a product solely dictated by its technical function – Article 8(1) of Regulation No 6/2002.
Case T-535/21.
Court reports – general – 'Information on unpublished decisions' section
ECLI identifier: ECLI:EU:T:2023:175
Judgment of the General Court (Tenth Chamber) of 29 March 2023 –
Tinnus Enterprises v EUIPO – Mystic Products (Fluid distribution equipment)
(Case T‑535/21) ( 1 )
(Community design – Invalidity proceedings – Registered Community design representing fluid distribution equipment – Ground for invalidity – Non-compliance with requirements for protection – Article 25(1)(b) of Regulation (EC) No 6/2002 – Features of appearance of a product solely dictated by its technical function – Article 8(1) of Regulation No 6/2002)
|
1. |
Community designs – Grounds for invalidity – Designs dictated by their technical function – Features of appearance of a product which are dictated solely by its technical function – Criteria for assessment – Taking into account the relevant objective circumstances (Council Regulation No 6/2002, Arts 8(1) and 25(1)(b)) (see paragraphs 24-27, 57) |
|
2. |
Community designs – Grounds for invalidity – Designs dictated by their technical function – Representation of fluid distribution equipment (Council Regulation No 6/2002, Arts 8(1) and 25(1)(b)) (see paragraphs 34-42, 48, 67, 72, 82, 93) |
|
3. |
Community designs – Surrender and invalidity – Application for a declaration of invalidity – Examination of the application – Designs dictated by their technical function – Burden of proof (Council Regulation No 6/2002, Arts 8(1) and 25(1)(b)) (see paragraph 49) |
|
4. |
Community designs – Grounds for invalidity – Designs dictated by their technical function – Features of appearance of a product which are dictated solely by its technical function – Criteria for assessment – Existence of alternative designs – Irrelevant (Council Regulation No 6/2002, Arts 8(1) and 25(1)(b)) (see paragraph 83) |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Tinnus Enterprises LLC to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO). |
( 1 ) OJ C 431, 25.10.2021.