Дело T-***/**: *****************, Съдебно решение от **.**.2024 г.

Текст

... Ground for invalidity – No individual character – Informed user – No different overall impression – Article 6 of Regulation (EC) No 6/2002)

In Case T‑63/23,

Maxeon Solar Pte. Ltd, established in Singapore (Singapore), represented by U. Lüken and J. Bärenfänger, lawyers, authorised to replace SunPower Corporation,

applicant,

v

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

defendant,

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

ZO,

THE GENERAL COURT (Seventh Chamber),

composed of K. Kowalik-Bańczyk (Rapporteur), President, E. Buttigieg and G. Hesse, Judges,

Registrar: G. Mitrev, Administrator,

having regard to the written part of the procedure,

further to the hearing on 23 November 2023,

gives the following

Judgment

1. By its action under Article 263 TFEU, the applicant, Maxeon Solar Pte. Ltd, seeks the annulment and alteration of the decision of the Third Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 9 December 2022 (Case R 1589/2021-3) (‘the contested decision’).

Background to the dispute

2. On 11 November 2019, ZO filed with EUIPO an application for a declaration of invalidity of the Community design registered following an application filed on 17 April 2015, for which the date of priority claimed is 20 October 2014, which is represented in the following views:

3. The goods to which the design, in respect of which a declaration of invalidity was sought, is intended to be applied were in Class 23-03 of the Locarno Agreement ...