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Case T-251/14: Judgment of the General Court of 15 October 2015 — Promarc Technics v OHIM — PIS (Part of door) (Community design — Invalidity proceedings — Registered Community design representing part of a door — Earlier international design consisting of an American patent — Ground of invalidity — No individual character — No different overall impression — Evidence that the earlier design was made available to the public — Circles specialised in the sector concerned — Informed user — Degree of freedom of the designer — Article 6, Article 7(1) and Article 25(1)(b) of Regulation (EC) No 6/2002)

ECLI:EU:UNKNOWN:62014TA0251

62014TA0251

October 15, 2015
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30.11.2015

Official Journal of the European Union

C 398/51

(Case T-251/14)(1)

((Community design - Invalidity proceedings - Registered Community design representing part of a door - Earlier international design consisting of an American patent - Ground of invalidity - No individual character - No different overall impression - Evidence that the earlier design was made available to the public - Circles specialised in the sector concerned - Informed user - Degree of freedom of the designer - Article 6, Article 7(1) and Article 25(1)(b) of Regulation (EC) No 6/2002))

(2015/C 398/64)

Language of the case: Polish

Parties

Applicant: Promarc Technics s.c. Tomasz Pokrywa, Rafał Natorski (Zabierzów, Poland) (represented by: J. Radłowski, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka and A. Folliard-Monguiral, Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Petrycki i Sorys sp.j. (PIS) (Jasło, Poland) (represented by: D. Kulig, lawyer)

Re:

Action brought against the decision of the Third Board of Appeal of OHIM of 29 January 2014 (Case R 1464/2012-3) concerning invalidity proceedings between Petrycki i Sorys sp.j. (PIS) and Promarc Technics s.c. Tomasz Pokrywa, Rafał Natorski.

Operative part of the judgment

The Court:

1.Dismisses the action.

2.Orders Promarc Technics s.c. Tomasz Pokrywa, Rafał Natorski to pay the costs

OJ C 212, 7.7.2014.

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