CELEX: 62010TJ0246
Language: en
Date: 2011-10-06 00:00:00
Title: Judgment of the General Court (Seventh Chamber) of 6 October 2011. # Industrias Francisco Ivars, SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community design - Invalidity proceedings - Registered Community design representing a mechanical speed reducer - Earlier Community design - Ground of invalidity - No individual character - Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002. # Case T-246/10.

Judgment of the General Court (Seventh Chamber) of 6 October 2011 – Industrias Francisco Ivars v OHIM – Motive (Mechanical
            speed reducer)
      (Case T-246/10)
      Community designs – Invalidity proceedings – Registered Community design representing a mechanical speed reducer – Earlier Community design – Ground of invalidity – No individual character – No different overall impression – Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002
      Community designs – Ground for invalidity – No individual character – Design not producing on the informed user a different overall impression from that produced by the previous design – Representation of a mechanical speed reducer (Council Regulation No 6/2002, Arts 6(1) and 25(1)(b)) (see paras 21-22, 24-26,
         28)
      
      Re:
      
         
               ACTION brought against the decision of the Third Board of Appeal of OHIM of 16 March 2010 (Case R 1337/2008-3) relating to
                  invalidity proceedings between Motive Srl and Industrias Francisco Ivars, SL.
               
            Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Industrias Francisco Ivars, SL to pay the costs.