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Document 62008TJ0450

    Presuda Općeg suda (prvo vijeće) od 2012. ožujak 09.
    Coverpla protiv Office for Harmonisation in the Internal Market (Trade Marks and Designs).
    Predmet T-450/08.

    Court reports – general – 'Information on unpublished decisions' section

    ECLI identifier: ECLI:EU:T:2012:117





    Judgment of the General Court (First Chamber) of 9 March 2012 — Coverpla v OHIM – Heinz‑Glas (Flacon)

    (Case T-450/08)

    Community design — Invalidity proceedings — Registered Community design representing a bottle — Prior design — Ground for invalidity — Disclosure of prior design — Absence of novelty — Articles 5 and 25(1)(b) of Regulation (EC) No 6/2002

    1.                     Community design — Ground for invalidity — No individual character — Disclosure by the designer or his successor in title — Proof of the disclosure (Council Regulation No 6/2002, Arts 5(1)(b), and 7(1)) (see paras 20-23)

    Re:

    ACTION brought against the decision of the Third Board of Appeal of OHIM of 7 July 2008 (Case R 1411/2007-3), relating to invalidity proceedings between Heinz-Glas GmbH and Coverpla in respect of a Community design.

    Operative part

    The Court:

    1.

    Dismisses the action;

    2.

    Orders Coverpla to pay the costs.

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