This document is an excerpt from the EUR-Lex website
Document 62021TJ0231
Judgment of the General Court (Sixth Chamber) of 19 October 2022.
Praesidiad Holding v European Union Intellectual Property Office.
Community design – Invalidity proceedings – Registered Community design representing a post – Ground for invalidity – Failure to comply with the 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-231/21.
Judgment of the General Court (Sixth Chamber) of 19 October 2022.
Praesidiad Holding v European Union Intellectual Property Office.
Community design – Invalidity proceedings – Registered Community design representing a post – Ground for invalidity – Failure to comply with the 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-231/21.
Court reports – general – 'Information on unpublished decisions' section
ECLI identifier: ECLI:EU:T:2022:649
Judgment of the General Court (Sixth Chamber) of 19 October 2022 –
Praesidiad v EUIPO – Zaun (Post)
(Case T‑231/21) ( 1 )
(Community design – Invalidity proceedings – Registered Community design representing a post – Ground for invalidity – Failure to comply with the 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, recital 10 and Arts 8(1) and 25(1)(b)) (see paragraphs 16, 48) |
2. |
Community designs – Application for registration – Conditions – Indication of the goods (Council Regulation No 6/2002, Arts 8(1) and 36(6)) (see paragraphs 28, 29) |
3. |
Community designs – Grounds for invalidity – Designs dictated by their technical function – Representation of a post (Council Regulation No 6/2002, Arts 8(1) and 25(1)(b)) (see paragraphs 32, 40, 41, 46, 53-55) |
4. |
Community designs – Requirements for protection – 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, Art. 8(1)) (see paragraph 44) |
5. |
Community designs – Appeals procedure – Action before the EU judicature – Power of the General Court to alter the contested decision – Limits (Council Regulation No 6/2002, Art. 61(3)) (see paragraphs 57, 58) |
Operative part
The Court:
1. |
Annuls the decision of the Third Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 15 February 2021 (Case R 2068/2019-3); |
2. |
Rejects the application filed by Zaun Ltd on 27 March 2018 for a declaration that the design registered under the number 127204-0001 is invalid; |
3. |
Orders EUIPO to bear its own costs and to pay those incurred by Praesidiad Holding; |
4. |
Orders Zaun to bear its own costs. |
( 1 ) OJ C 278, 12.7.2021.