CELEX: 62008TJ0450
Language: en
Date: 2012-03-09
Title: Judgment of the General Court (First Chamber) of 9 March 2012. # Coverpla v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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. # Case T-450/08.

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.