Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (First Chamber) of 9 September 2011 – Kwang Yang Motor v OHIM – Honda Giken Kogyo (internal
combustion engine with vent on the top)**

**(Case T-10/08)**

Community design – Invalidity proceedings – Registered Community design representing an internal combustion engine with the vent on the top – Earlier national design – Ground for invalidity – No individual character – Visible features of a component part of a complex product – No different overall impression – Informed user – Degree of freedom of the designer – Articles 4, 6 and 25(1)(b) of Regulation (EC) No 6/2002

1.                     *Community designs – Grounds for invalidity – No individual character – Informed user – Concept (Council Regulation No 6/2002,
Art. 6(1)) (see paras 23-27)*

2.                     *Community designs – Grounds for invalidity – No individual character – Design not giving the informed user a different overall
impression from that produced by the earlier design – Representation of an internal combustion engine with the vent on the
top (Council Regulation No 6/2002, Arts 4(2), 6(1) and 25(1)(b)) (see paras 30, 38, 43, 45)*

**Re:**

|  |  |
| --- | --- |
|  | APPLICATION for annulment of the decision of 8 October 2007 of the Third Board of Appeal of OHIM (Case R 1337/2006-3), relating to invalidity proceedings for Community designs between Honda Giken Kogyo Kabushiki Kaisha and Kwang Yang Motor Co., Ltd. |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Kwang Yang Motor Co., Ltd to pay the costs. |

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