Order — ECLI:EU:T:2017:39
Date: 2017-01-24
Language of the case: Polish
Court formation: Fifth Chamber
Subject matter: Intellectual, industrial and commercial property;Procedural provisions;Designs
Procedure: Action for annulment;Application as to costs - inadmissible
Origin: Poland

summary of the pleas in law on which the application is based (Rules of Procedure of the General Court (1991), Art. 44(1)(c)) (see paras 14, 15) 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 — Criteria for assessment (Council Regulation No 6/2002, fourteenth recital and Art. 6(1)(b), and (2)) (see paras 38-40) 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 — Informed user — Concept (Council Regulation No 6/2002, Arts 6(1)(b), and 25(1)(b)) (see paras 42, 43) 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 — Criteria for assessment — Creative licence (Council Regulation No 6/2002, Arts 6(2), and 25(1)(b)) (see paras 51, 52) 5. 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 — Representation of part of a door (Council Regulation No 6/2002, Arts 6(1)(b), and 25(1)(b)) (see paras 55-58) Re: ACTION brought against the decision of the Third Board of Appeal of OHIM of 29 January 2014 (Case R 1464/2012-3) concerning invalidity proceedings between Petrycki i Sorys sp.j. (PIS) and Promarc Technics s.c. Tomasz Pokrywa, Rafał Natorski. Operative part The Court: 1. Dismisses the action; 2. Orders Promarc Technics s.c. Tomasz Pokrywa, Rafał Natorski to pay the costs.