Judgment — ECLI:EU:T:2015:817
Date: 2015-10-29
Language of the case: Spanish
Court formation: Fifth Chamber
Subject matter: Intellectual, industrial and commercial property;Designs
Procedure: Action for annulment - unfounded
Origin: Spain

Judgment of the General Court (Fifth Chamber) of 29 October 2015 — Roca Sanitario v OHIM — Villeroy & Boch (Single control handle faucet) (Case T‑334/14) Community design — Invalidity proceedings — Registered Community design representing a single control handle faucet — Earlier Community design — Ground for invalidity — Individual character — Informed user — Degree of freedom of the designer — No scope for innovation — Different overall impression — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 1. Community designs — Ground for invalidity — No individual character — Design not producing on the informed user a different overall impression from that produced by the earlier design — Overall assessment of all the elements presented by the earlier design (Council Regulation No 6/2002, Arts 6(1), and 25(1)(b)) (see paras 16, 17, 58) 2. Community designs — Ground for invalidity — No individual character — Design not producing on 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 paras 18, 23-26) 3. Community designs — Ground for invalidity — No individual character — Design not producing on the informed user a different overall impression from that produced by the earlier design — Criteria for assessment — Creative licence (Council Regulation No 6/2002, Arts 6(2), and 25(1)(b)) (see paras 35, 36) 4. Community designs — Ground for invalidity — No individual character — Design not producing on the informed user a different overall impression from that produced by the earlier design — Saturation of the state of the art — Relevance (see para. 83) Re: ACTION brought against the decision of the Third Board of Appeal of OHIM of 21 February 2014 (Case R 812/2012-3), concerning invalidity proceedings between Villeroy & Boch AG and Roca Sanitario, SA. Operative part The Court: 1. Dismisses the action; 2. Orders Roca Sanitario, SA, to pay the costs.