Judgment of the General Court (Sixth Chamber) of 26 January 2022

Data

Court: General Court

Case date: 26 januari 2022

Verdict

Judgment of the General Court (Sixth Chamber) of 26 January 2022 –
Unger Marketing International v EUIPO – Orben Wasseraufbereitung (Water purifiers)

(Case T‑325/20)

"(Community design - Invalidity proceedings - Design representing a water purifier - Ground for invalidity - Non-compliance with requirements for protection - Article 25(1)(b) of Regulation (EC) No 6/2002 - Features of appearance of a product solely dictated by its technical function - Article 8(1) of Regulation No 6/2002 - Declaration of invalidity)"

Community designsAppeals procedureAction before the EU judicatureJurisdiction of the General CourtReview of the lawfulness of decisions of the Boards of AppealLimits

(Council Regulation No 6/2002, Art. 61; Rules of Procedure of the General Court, Art. 188)

(see paras 12, 92)

Community designsGrounds for invalidityDesigns dictated by their technical functionFeatures of appearance of a product which are dictated solely by its technical functionCriteria for assessmentExistence of alternative designsIrrelevant

(Council Regulation No 6/2002, Recital 10, Arts 8(1) and 25(1)(b))

(see paras 28, 29, 68, 69)

Community designsGrounds for invalidityDesigns dictated by their technical functionFeatures of appearance of a product which are dictated solely by its technical functionCriteria for assessmentTaking into account the relevant objective circumstances

(Council Regulation No 6/2002, Recital 10, Arts 8(1) and 25(1)(b))

(see paras 30-32, 36, 47)

Community designsSurrender and invalidityApplication for a declaration of invalidityExamination of the applicationDesigns dictated by their technical functionBurden of proof

(Council Regulation No 6/2002, Arts 8(1) and 25(1)(b))

(see paras 37, 38)

Community designsGrounds for invalidityDesigns dictated by their technical functionRepresentation of a water purifier

(Council Regulation No 6/2002, Arts 8(1) and 25(1)(b))

(see paras 70, 73-75, 82, 87)

Re:

Action brought against the decision of the Third Board of Appeal of EUIPO of 26 February 2020 (Case R 740/2018-3) relating to invalidity proceedings between Orben Wasseraufbereitung and Unger Marketing International.

Operative part

The Court:

Dismisses the action;

Orders Unger Marketing International, LLC to pay the costs.