Judgment — ECLI:EU:T:2014:54
Date: 2014-02-04
Language of the case: English
Court formation: Seventh Chamber
Subject matter: Intellectual, industrial and commercial property;Designs
Procedure: Action for annulment - unfounded
Origin: Spain

Judgment of the General Court (Seventh Chamber) of 4 February 2014 — Gandia Blasco v OHIM — Sachi Premium-Outdoor Furniture (Cuboid Armchair) (Case T‑339/12) Community design — Invalidity proceedings — Registered Community design representing a cuboid armchair — Earlier design — Ground for invalidity — Individual character — 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 a well-informed user a different overall impression from that produced by the earlier design — Representation of an armchair (Council Regulation No 6/2002, Arts 6(1) and 25(1)(b)) (see paras 13, 16, 19, 37) 2. Community designs — Ground for invalidity — No individual character — Informed user — Concept (Council Regulation No 6/2002, Arts 6(1) and 25(1)(b)) (see paras 14, 15) 3. Community designs — Ground for invalidity — No individual character — Design not producing on a well-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 17, 18) Re: ACTION brought against the decision of the Third Board of Appeal of OHIM of 25 May 2012 (Case R 970/2011-3) in relation to invalidity proceedings between Gandia Blasco, SA and Sachi Premium-Outdoor Furniture, Lda. Operative part The Court: 1. Dismisses the action; 2. Orders Gandia Blasco, SA to pay the costs.