Judgments (Information) nº T-73/19 of Tribunal General de la Unión Europea, April 29, 2020

• Resolution Date: April 29, 2020
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-73/19

Judgment of the General Court (First Chamber) of 29 April 2020 - Bergslagernas Järnvaru v EUIPO - Scheppach Fabrikation von Holzbearbeitungsmaschinen (Wood-splitting tool)

(Case T-73/19)

(Community design - Invalidity proceedings - Registered Community design representing a wood-splitting tool - Earlier national design - Ground for invalidity - No individual character - No different overall impression - Article 6(1) of Regulation (EC) No 6/2002 - Infringement of the rights of the defence - Article 62 of Regulation No 6/2002) 1. Community designs - Procedural provisions - Decisions of the Office - Observance of the rights of the defence - Scope of the principle

(Council Regulation No 6/2002, Art. 62)

(see paras 15, 21)

2. Community designs - Grounds for invalidity - No individual character - Design not giving the informed user a different overall impression from that produced by the earlier design - Global assessment of all the elements of the earlier design

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

   (see paras 24, 38, 39, 41, 42, 52, 69)

3. Community designs - Grounds for invalidity - No individual character - Design not giving the informed user a different overall impression from that produced by the earlier design - Criteria for assessment

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

   (see para. 25)

4. Community designs - Grounds for invalidity - No individual character - Design not giving the informed user a different overall impression from that produced by the earlier design - Informed user - Definition

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

   (see paras 26, 58, 64, 70, 75)

5. Community designs - Grounds for invalidity - No individual character - Design not giving the informed user a different overall impression from that produced by the earlier design - Representation of a tool for cutting wood

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

   (see paras 27, 28, 40, 43, 46, 53-56, 63, 65, 71-74, 77)

   Re:

   Action brought against the decision of the Third Board of Appeal of EUIPO of 23 November 2018 (Case R...