Judgment of the General Court (First Chamber) of 3 October 2017

Data

Court: General Court

Case date: 3 oktober 2017

Verdict

Judgment of the General Court (First Chamber) of 3 October 2017 — BMB v EUIPO — Ferrero (Container for sweets)

(Case T‑695/15)

"(Community design - Invalidity proceedings - Registered Community design representing a container for sweets - Earlier international three-dimensional mark - Shape of a standard container which can be filled with sweets - Likelihood of confusion - Application of national law - Article 25(1)(e) of Regulation (EC) No 6/2002 - Article 62 and Article 63(1) of Regulation No 6/2002)"

Community designsGround for invalidityUse of a distinctive sign in a subsequent designComparison between the design at issue and the distinctive signLikelihood of confusion

(Council Regulation No 6/2002, Art. 25(1)(e))

(see paras 30, 60, 61)

Community designsGround for invalidityUse of a distinctive sign in a subsequent designComparison between the design at issue and the distinctive signRelevant public

(Council Regulation No 6/2002, Art. 25(1)(e))

(see para. 37)

Community designsGround for invalidityUse of a distinctive sign in a subsequent designComparison between the design at issue and the distinctive sign

Comparison between the design at issue and the distinctive sign (Council Regulation No 6/2002, Art. 25(1)(e))

(see para. 56)

Re:

ACTION brought against the decision of the Third Board of Appeal of EUIPO of 8 September 2015 (Case R 1150/2012-3), relating to invalidity proceedings between Ferrero and BMB.

Operative part

The Court:

Dismisses the action;

Orders BMB sp. z o.o. to pay the costs.