Judgment of the General Court (First Chamber) of 7 February 2018
Judgment of the General Court (First Chamber) of 7 February 2018
Data
- Court
- General Court
- Case date
- 7 februari 2018
Verdict
Judgment of the General Court (First Chamber) of 7 February 2018 — Şölen Çikolata Gıda Sanayi ve Ticaret v EUIPO — Zaharieva (Ice cream cornet packaging)
(Case T‑794/16)
"(Community design - Invalidity proceedings - Registered Community design representing an ice cream cornet - Earlier international registration designating Bulgaria - Ground for invalidity - Use in the subsequent design of a distinctive sign the holder of which has the right to prohibit such use - Article 25(1)(e) of Regulation (EC) No 6/2002 - Obligation to state reasons - Article 62 of Regulation No 6/2002 - Duty of diligence - Article 63(1) of Regulation No 6/2002)"
Community designsGround for invalidityUse of a distinctive sign in a subsequent designUse of a sign representing a similarity with the distinctive signIncluded
(Council Regulation No 6/2002, Art. 25(1)(e))
(see paras 22-24)
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 27, 79)
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. 29)
Community designsGround for invalidityUse of a distinctive sign in a subsequent designComparison between the design at issue and the distinctive signDesign representing an ice cream cornetFigurative mark OZMO cornet
(Council Regulation No 6/2002, Art. 25(1)(e))
(see paras 33-35, 39, 40, 59, 78, 80-82, 89)
Community designsGround for invalidityUse of a distinctive sign in a subsequent designComparison between the design at issue and the distinctive signSimilarity between the goods or services in questionComplementary nature of the goods or services
(Council Regulation No 6/2002, Art. 25(1)(e))
(see paras 36-38)
Community designsGround for invalidityUse of a distinctive sign in a subsequent designComparison between the design at issue and the distinctive signSimilarity between the design at issue and the distinctive signCriteria for assessmentComplex sign
(Council Regulation No 6/2002, Art. 25(1)(e))
(see paras 41-43, 49)
Community designsAppeals procedureAction before the EU judicaturePower of the General Court to alter the contested decisionLimits
(Council Regulation No 6/2002, Art. 61(3))
(see paras 85-88)
Re:
ACTION brought against the decision of the Third Board of Appeal of EUIPO of 12 September 2016 (Case R 1144/2015-3), relating to invalidity proceedings between Şölen Çikolata Gıda Sanayi ve Ticaret and Mrs Zaharieva,
Operative part
The Court:
Annuls the decision of the Third Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 12 September 2016 (Case R 1144/2015-3);
Grants the application for a declaration that the design registered under number 002343244-0001 is invalid;
Orders EUIPO to bear its own costs and to pay the costs incurred by Şölen Çikolata Gıda Sanayi ve Ticaret before the General Court and before the Board of Appeal of EUIPO;
Orders Mrs Elka Zaharieva to bear her own costs.