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Case T-220/24: Judgment of the General Court of 2 April 2025 – SMT v EUIPO – Pies and Rixen (Building materials) (Community design – Invalidity proceedings – Registered community design representing a profile bar (building materials) – Grounds for invalidity – No individual character – No different overall impression – Article 4(1), Article 6(1)(b), and Article 25(1)(b) of Regulation (EC) No 6/2002 – Features of appearance of a product to be necessarily reproduced in their exact form and dimensions in order to permit the interconnection with other products – Article 8(2) of Regulation No 6/2002 – Component part of a complex product – Article 4(2) of Regulation No 6/2002)
ECLI:EU:UNKNOWN:62024TA0220
62024TA0220
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Official Journal of the European Union
C series
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C/2025/2664
19.5.2025
(Case T-220/24)
(Community design - Invalidity proceedings - Registered community design representing a profile bar (building materials) - Grounds for invalidity - No individual character - No different overall impression - Article 4(1), Article 6(1)(b), and Article 25(1)(b) of Regulation (EC) No 6/2002 - Features of appearance of a product to be necessarily reproduced in their exact form and dimensions in order to permit the interconnection with other products - Article 8(2) of Regulation No 6/2002 - Component part of a complex product - Article 4(2) of Regulation No 6/2002)
(C/2025/2664)
Language of the case: German
Parties
Applicant: SMT GmbH (Reutlingen, Germany) (represented by: T. Seifried, lawyer)
Defendant: European Union Intellectual Property Office (represented by: E. Markakis, acting as Agent)
Other parties to the proceedings before the Board of Appeal of EUIPO, interveners before the General Court: Gerrit Pies (Solingen, Germany), Wolfgang Rixen (Solingen) (represented by: M. Wiume, lawyer)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Third Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 5 March 2024 (Case R-2163/2022-3).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders SMT GmbH to bear its own costs and to pay those incurred by MM. Gerrit Pies and Wolfgang Rixen;
3.Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs.
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OJ C C/2024/3627, 17.6.2024.
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ELI: http://data.europa.eu/eli/C/2025/2664/oj
ISSN 1977-091X (electronic edition)
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