Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (First Chamber) of 9 March 2012 — Coverpla v OHIM – Heinz‑Glas (Flacon)**

**(Case T-450/08)**

Community design — Invalidity proceedings — Registered Community design representing a bottle — Prior design — Ground for invalidity — Disclosure of prior design — Absence of novelty — Articles 5 and 25(1)(b) of Regulation (EC) No 6/2002

1.                     *Community design — Ground for invalidity — No individual character — Disclosure by the designer or his successor in title
— Proof of the disclosure (Council Regulation No 6/2002, Arts 5(1)(b), and 7(1)) (see paras 20-23)*

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Third Board of Appeal of OHIM of 7 July 2008 (Case R 1411/2007-3), relating to invalidity proceedings between Heinz-Glas GmbH and Coverpla in respect of a Community design. |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the action; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Coverpla to pay the costs. |

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