Judgment — ECLI:EU:T:2017:161
Date: 2017-03-14
Language of the case: German
Court formation: Third Chamber
Subject matter: Intellectual, industrial and commercial property;Designs
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (Third Chamber) of 14 March 2017 — Wessel-Werk v EUIPO — Wolf PVG (Suction nozzles for vacuum cleaners) (Case T‑174/16) (Community design — Proceedings for a declaration of invalidity — Registered Community design representing a suction nozzle for a vacuum cleaner — Earlier Community design — Ground for invalidity — Individual character — Informed user — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002) 1. Community designs — Ground for invalidity — No individual character — Design not giving 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 19, 24, 25) 2. Community designs — Ground for invalidity — No individual character — Design not giving the informed user a different overall impression from that produced by the earlier design — Global assessment of all the elements of the prior design (Council Regulation No 6/2002, Arts 6(1), and 25(1)(b)) (see para. 26) 3. Community designs — Ground for invalidity — No individual character — Design not giving the informed user a different overall impression from that produced by the earlier design — Representation of a suction nozzle for vacuum cleaners (Council Regulation No 6/2002, Arts 6(1), and 25(1)(b)) (see paras 29-31) Re: ACTION brought against the decision of the Third Board of Appeal of EUIPO of 18 February 2016 (Case R 1652/2014-3), as rectified, relating to proceedings for a declaration of invalidity between Wolf PVG and Wessel-Werk. Operative part The Court: 1. Dismisses the action; 2. Orders Wessel-Werk GmbH to pay the costs.