Information;Judgment — ECLI:EU:T:2024:438
Date: 2024-07-03
Language of the case: Spanish
Court formation: Sixth Chamber
Subject matter: Intellectual, industrial and commercial property;Designs
Procedure: Action for annulment - unfounded
Origin: Spain

Judgment of the General Court (Sixth Chamber) of 3 July 2024 – Canalones Castilla v EUIPO – Canalones Novokanal (Water-collection guttering or waterspout) (Case T‑329/22) (1) ( Community design – Invalidity proceedings – Registered Community design representing water-collection guttering or a waterspout – Ground for invalidity – No individual character – Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 – Disclosure of the earlier design – Proof of disclosure ) 1. Community designs – Grounds for invalidity – No individual character – Previous disclosure of identical design – Proof of the disclosure (Council Regulation No 6/2002, Art. 7(1); Commission Regulation No 2245/2002, Art. 28(1)(b)(v)) (see paragraphs 18-20, 28, 31) 2. Community designs – Grounds for invalidity – No individual character – Design not giving the informed user a different overall impression from that produced by the earlier design – Representation of water-collection guttering or a waterspout (Council Regulation No 6/2002, Arts 6(1) and 25(1)(b)) (see paragraphs 35, 36, 53, 56, 61) 3. Community designs – Grounds for invalidity – No individual character – Design not giving the informed user a different overall impression from that produced by the earlier design – Criteria for assessment – Freedom of the designer (Council Regulation No 6/2002, Arts 6(1) and 25(1)(b)) (see paragraphs 46, 47) 4. Community designs – Grounds for invalidity – No individual character – Design not giving the informed user a different overall impression from that produced by the earlier design – Informed user – Concept (Council Regulation No 6/2002, Arts 6(1) and 25(1)(b)) (see paragraphs 50-52) 5. Community designs – Grounds for invalidity – No individual character – Design not giving the informed user a different overall impression from that produced by the earlier design – Global assessment of all the elements of the earlier design (Council Regulation No 6/2002, Arts 6(1) and 25(1)(b)) (see paragraph 59) 6. 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 – Not included (Council Regulation No 6/2002, Art. 61; Rules of Procedure of the General Court, Art. 188) (see paragraph 69) Operative part The Court: 1. Dismisses the action; 2. Orders each party to bear its own costs. 1 OJ C 7, 9.1.2023.