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Document 62010TJ0246

    Judgment of the General Court (Seventh Chamber) of 6 October 2011.
    Industrias Francisco Ivars, SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community design - Invalidity proceedings - Registered Community design representing a mechanical speed reducer - Earlier Community design - Ground of invalidity - No individual character - Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002.
    Case T-246/10.

    Thuarascálacha na Cúirte Eorpaí 2011 II-00353*

    ECLI identifier: ECLI:EU:T:2011:578





    Judgment of the General Court (Seventh Chamber) of 6 October 2011 – Industrias Francisco Ivars v OHIM – Motive (Mechanical speed reducer)

    (Case T-246/10)

    Community designs – Invalidity proceedings – Registered Community design representing a mechanical speed reducer – Earlier Community design – Ground of invalidity – No individual character – No different overall impression – Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002

    Community designs – Ground for invalidity – No individual character – Design not producing on the informed user a different overall impression from that produced by the previous design – Representation of a mechanical speed reducer (Council Regulation No 6/2002, Arts 6(1) and 25(1)(b)) (see paras 21-22, 24-26, 28)

    Re:

    ACTION brought against the decision of the Third Board of Appeal of OHIM of 16 March 2010 (Case R 1337/2008-3) relating to invalidity proceedings between Motive Srl and Industrias Francisco Ivars, SL.

    Operative part

    The Court:

    1.

    Dismisses the action;

    2.

    Orders Industrias Francisco Ivars, SL to pay the costs.

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