Дело T-***/**: *****************, Съдебно решение от **.**.2018 г.

Текст

... designs — Ground for invalidity — Informed user — Designer’s degree of freedom — Individual character — Saturation of the state of the art — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 — Expediency of oral proceedings — Article 64(1) of Regulation No 6/2002 — Duty to state reasons — Article 62 of Regulation No 6/2002)

In Case T‑651/17,

Sata GmbH & Co. KG, established in Kornwestheim (Germany), represented by K. Manhaeve and G. Glas, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by S. Hanne, acting as Agent,

defendant,

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

Zhejiang Auarita Pneumatic Tools Co.Ltd, established in Zhejiang (China),

ACTION brought against the decision of the Third Board of Appeal of EUIPO of 12 July 2017 (Case R 914/2016-3), relating to invalidity proceedings between Zhejiang Auarita Pneumatic Tools and Sata,

THE GENERAL COURT (Fifth Chamber),

composed of D. Gratsias, President, I. Labucka and I. Ulloa Rubio (Rapporteur), Judges,

Registrar: I. Dragan, Administrator,

having regard to the application lodged at the Court Registry on 22 September 2017,

having regard to the response lodged at the Court Registry on 5 December 2017,

further to the hearing on 12 July 2018,

gives the following

Judgment

Background to the dispute

1. On 10 February 2011, the applicant, Sata GmbH & Co. KG, filed an application for registration of a Community design with the European Union Intellectual Property Office (EUIPO), pursuant to Council Regulation (EC) No ...