Information;Judgment — ECLI:EU:T:2023:174
Date: 2023-03-29
Language of the case: English
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Judgment of the General Court (Tenth Chamber) of 29 March 2023 – Tinnus Enterprises v EUIPO – Mystic Products (Fluid distribution equipment) (Case T‑505/21) (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, recital 10 and Arts 8(1) and 25(1)(b)) (see paragraphs 24-27, 56) 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, 35, 39-41, 47) 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 48) 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, recital 10 and Arts 8(1) and 25(1)(b)) (see paragraphs 65, 82, 89) 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 401, 4.10.2021.