Judgment of the General Court (Second Chamber) of 12March 2014— Tubes Radiatori v OHIM— Antrax It (Radiateur)
(Case T‑315/12)
Community design— Invalidity proceedings— Registered Community design representing a radiator for heating— Earlier design— Ground for invalidity— No individual character— Overall impression not different— Article6 and Article25(1)(b) of Regulation (EC) No6/2002— No scope for innovation— Obligation to state reasons
1.Community designs— Appeals procedure— Action before the EU judicature— Jurisdiction of the General Court— Re-evaluation of the facts in the light of evidence produced for the first time before it— Exclusion (Council Regulation No6/2002, Art. 61) (see para. 27)
2.Community designs— Ground for invalidity— No individual character— Design not producing on an informed user a different overall impression from that produced by the earlier sign— Informed user— Concept (Council Regulation No6/2002, Arts 6(1), and 25(1)(b)) (see paras 58-62)
3.Community designs— Ground for invalidity— No individual character— Design not producing on an informed user a different overall impression from that produced by the earlier sign— Criteria for assessment— Creative licence (Council Regulation No6/2002, Arts 6 and 25(1)(b)) (see paras 65-67)
4.Community trade mark— Decisions of the Office— Principle of equal treatment— Principle of sound administration— OHIM’s previous decision-making practice (see para. 74)
Re:
| ACTION brought against the decision of the Third Board of Appeal of OHIM of 3April 2012 (Case R 953/2011-3) relating to invalidity proceedings between Antrax It Srl and Tubes Radiatori Srl. |
Operative part
The Court:
1. |
| Annuls the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 3April 2012 (Case R 953/2011-3); |
2. |
| Dismisses the action as to the remainder; |
3. |
| Orders OHIM to bear its own costs and to pay those incurred by Tubes Radiatori Srl; |
4. |
| Orders Antrax It Srl to bear its own costs. |