CELEX: 62007TA0009
Language: en
Date: 2010-03-18 00:00:00
Title: Case T-9/07: Judgment of the General Court of 18 March 2010 — Grupo Promer Mon Graphic v OHIM — PepsiCo (Representation of a circular promotional item) (Community design — Invalidity proceedings — Registered Community design representing a circular promotional item — Prior design — Ground for invalidity — Conflict — No different overall impression — Meaning of conflict — Product at issue — Degree of freedom of the designer — Informed user — Article 10 and Article 25(1)(d) of Regulation (EC) No 6/2002)

1.5.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 113/39
            
         Judgment of the General Court of 18 March 2010 — Grupo Promer Mon Graphic v OHIM — PepsiCo (Representation of a circular promotional item)
   (Case T-9/07) (1)
   
   (Community design - Invalidity proceedings - Registered Community design representing a circular promotional item - Prior design - Ground for invalidity - Conflict - No different overall impression - Meaning of ‘conflict’ - Product at issue - Degree of freedom of the designer - Informed user - Article 10 and Article 25(1)(d) of Regulation (EC) No 6/2002)
   2010/C 113/61
   Language of the case: English
   
      Parties
   
   
      Applicant: Grupo Promer Mon Graphic SA (Sabadell, Spain) (represented by: R. Almaraz Palmero, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: A. Folliard-Monguiral, Agent)
   
      Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: PepsiCo Inc. (New York, United States) (represented by: E. Armijo Chávarri and A. Castán Pérez-Gómez, lawyers)
   
      Re:
   
   Action brought against the decision of the Third Board of Appeal of OHIM of 27 October 2006 (Case R 1001/2005-3) relating to invalidity proceedings between Grupo Promer Mon Graphic SA and PepsiCo Inc.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Annuls the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 27 October 2006 (Case R 1001/2005-3);
            
         
               2.
            
            
               Orders OHIM and PepsiCo Inc. to bear their own costs and to pay those incurred by Grupo Promer Mon Graphic SA in the proceedings before the General Court;
            
         
               3.
            
            
               Orders OHIM and PepsiCo to bear their own costs and to pay those incurred by Grupo Promer Mon Graphic in the proceedings before the Board of Appeal.
            
         
      (1)  OJ C 56, 10.3.2007.