Judgment — ECLI:EU:T:2017:684
Date: 2017-10-03
Language of the case: English
Court formation: First Chamber
Subject matter: Intellectual, industrial and commercial property;Designs
Procedure: Action for annulment - unfounded
Origin: Poland

Judgment of the General Court (First Chamber) of 3 October 2017 — BMB v EUIPO — Ferrero (Container for sweets) (Case T‑695/15) (Community design — Invalidity proceedings — Registered Community design representing a container for sweets — Earlier international three-dimensional mark — Shape of a standard container which can be filled with sweets — Likelihood of confusion — Application of national law — Article 25(1)(e) of Regulation (EC) No 6/2002 — Article 62 and Article 63(1) of Regulation No 6/2002) 1. Community designs — Ground for invalidity — Use of a distinctive sign in a subsequent design — Comparison between the design at issue and the distinctive sign — Likelihood of confusion (Council Regulation No 6/2002, Art. 25(1)(e)) (see paras 30, 60, 61) 2. Community designs — Ground for invalidity — Use of a distinctive sign in a subsequent design — Comparison between the design at issue and the distinctive sign — Relevant public (Council Regulation No 6/2002, Art. 25(1)(e)) (see para. 37) 3. Community designs — Ground for invalidity — Use of a distinctive sign in a subsequent design — Comparison between the design at issue and the distinctive sign – Comparison between the design at issue and the distinctive sign (Council Regulation No 6/2002, Art. 25(1)(e)) (see para. 56) Re: ACTION brought against the decision of the Third Board of Appeal of EUIPO of 8 September 2015 (Case R 1150/2012-3), relating to invalidity proceedings between Ferrero and BMB. Operative part The Court: 1. Dismisses the action; 2. Orders BMB sp. z o.o. to pay the costs.