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Judgment of the General Court (First Chamber) of 9 September 2011.#Kwang Yang Motor Co., Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).#Community design - Invalidity proceedings - Registered Community design representing an internal combustion engine with the vent on the top - Earlier national design - Ground for invalidity - No individual character - Visible features of a component part of a complex product - No different overall impression - Informed user - Degree of freedom of the designer - Articles 4, 6 and 25(1)(b) of Regulation (EC) No 6/2002.#Case T-10/08.
ECLI:EU:T:2011:446
62008TJ0010
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(Case T-10/08)
Community design – Invalidity proceedings – Registered Community design representing an internal combustion engine with the vent on the top – Earlier national design – Ground for invalidity – No individual character – Visible features of a component part of a complex product – No different overall impression – Informed user – Degree of freedom of the designer – Articles 4, 6 and 25(1)(b) of Regulation (EC) No 6/2002
Re:
APPLICATION for annulment of the decision of 8 October 2007 of the Third Board of Appeal of OHIM (Case R 1337/2006-3), relating to invalidity proceedings for Community designs between Honda Giken Kogyo Kabushiki Kaisha and Kwang Yang Motor Co., Ltd.
Operative part
The Court:
1.Dismisses the action;
2.Orders Kwang Yang Motor Co., Ltd to pay the costs.