Information;Judgment — ECLI:EU:T:2025:145
Date: 2025-02-12
Language of the case: English
Court formation: Sixth Chamber
Subject matter: Intellectual, industrial and commercial property;Designs
Procedure: Action for annulment - unfounded
Origin: Romania

Judgment of the General Court (Sixth Chamber) of 12 February 2025 – Alberts v EUIPO – Techtex (Cardboard boxes [packaging]) (Case T‑245/24) ( Community design – Invalidity proceedings – Registered Community design representing a cardboard box (packaging) – Earlier national word marks – Ground for invalidity – Use in the subsequent design of a distinctive sign the holder of which has the right to prohibit such use – Article 25(1)(e) of Regulation (EC) No 6/2002 – Article 27(2) of Delegated Regulation (EU) 2018/625 – No similarity between the goods ) 1. Community designs – Appeals procedure – Appeal brought against a decision taken by a department of EUIPO – Examination by the Board of Appeal – Scope – Ex officio examination of the proof of use of the earlier trade mark in invalidity proceedings – Whether permissible (Council Regulation No 6/2002, Art. 63(1); Commission Delegated Regulation 2018/625, Art. 27(2)) (see paragraphs 26, 27) 2. Community designs – Procedural provisions – Examination of the facts of EUIPO’s own motion – Action for invalidity – Examination restricted to the facts, evidence and arguments provided – Jurisdiction of the Board of Appeal – Ground raised by the Board of Appeal of its own motion – Precluded (Council Regulation No 6/2002, Art. 63(1) (see paragraph 40) 3. Community designs – Grounds for invalidity – Use of a distinctive sign in a subsequent design – Comparison between the contested design and the distinctive sign – Likelihood of confusion (Council Regulation No 6/2002, Art. 25(1)(e)) (see paragraph 54) 4. Community designs – Grounds for invalidity – Use of a distinctive sign in a subsequent design – Comparison between the contested design and the distinctive sign – Similarity between the goods or services in question – Complementary nature of the goods or services (Council Regulation No 6/2002, Art. 25(1)(e)) (see paragraphs 55, 56, 58) Operative part The Court: 1. Dismisses the action; 2. Orders Ms Adina Alberts to bear her own costs and to pay those incurred by Techtex SRL; 3. Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs.