Order — ECLI:EU:T:2023:343
Date: 2023-06-15
Language of the case: English
Subject matter: Intellectual, industrial and commercial property;Designs
Procedure: Action for annulment;Rectification

Judgment of the General Court (Tenth Chamber) of 29 March 2023 – Tinnus Enterprises v EUIPO – Mystic Products (Fluid distribution equipment) (Case T‑555/21) (1) (Community design – Invalidity proceedings – Registered Community design representing fluid distribution equipment – Ground for 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) 1. Community designs – Grounds for invalidity – Designs dictated by their technical function – Features of appearance of a product which are dictated solely by its technical function – Criteria for assessment – Taking into account the relevant objective circumstances (Council Regulation No 6/2002, Arts 8(1) and 25(1)(b)) (see paragraphs 24-27, 59) 2. Community designs – Grounds for invalidity – Designs dictated by their technical function – Representation of fluid distribution equipment (Council Regulation No 6/2002, Arts 8(1) and 25(1)(b)) (see paragraphs 34-37, 41-43, 45-50, 69, 74, 84, 95) 3. Community designs – Surrender and invalidity – Application for a declaration of invalidity – Examination of the application – Designs dictated by their technical function – Burden of proof (Council Regulation No 6/2002, Arts 8(1) and 25(1)(b)) (see paragraph 51) 4. Community designs – Grounds for invalidity – Designs dictated by their technical function – Features of appearance of a product which are dictated solely by its technical function – Criteria for assessment – Existence of alternative designs – Irrelevant (Council Regulation No 6/2002, Arts 8(1) and 25(1)(b)) (see paragraph 85) Operative part The Court: 1. Dismisses the action; 2. Orders Tinnus Enterprises LLC to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO). 1 OJ C 431, 25.10.2021.