Дело T-***/**: *****************, Съдебно решение от **.**.2023 г.

Текст

... 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)

In Case T‑545/21,

Tinnus Enterprises LLC, established in Plano, Texas (United States), represented by T. Wuttke and J. Lewandowski, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by J. Ivanauskas, acting as Agent,

defendant,

the other party to the proceedings before the Board of Appeal of EUIPO being

Mystic Products Import & Export, SL, established in Badalona (Spain),

THE GENERAL COURT (Tenth Chamber),

composed, at the time of the deliberations, of A. Kornezov, President, E. Buttigieg (Rapporteur) and K. Kowalik-Bańczyk, Judges,

Registrar: A. Juhász-Tóth, Administrator,

having regard to the written part of the procedure,

further to the hearing on 8 July 2022,

gives the following

Judgment

1. By its action under Article 263 TFEU, the applicant, Tinnus Enterprises LLC, seeks the annulment and alteration of the decision of the Third Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 16 June 2021 (Case R 1011/2018-3) (‘the contested decision’).

Background to the dispute

2. On 13 June 2016, Mystic Products Import & Export, SL filed with EUIPO an application for a declaration of invalidity of the Community design registered under number 1431829-0004 following a multiple application for registration filed by the applicant on 10 March 2015, and which is represented in the following views:

3. The product to which the design ...