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Case T-695/15: Judgment of the General Court of 3 October 2017 — BMB v EUIPO — Ferrero (Container for sweets) (Community design — Invalidity proceedings — Registered Community design representing a container for sweets — Earlier international three-dimensional mark — Shape of a standard container which can be filled with sweets — Likelihood of confusion — Application of national law — Article 25(1)(e) of Regulation (EC) No 6/2002 — Article 62 and Article 63(1) of Regulation No 6/2002)
ECLI:EU:UNKNOWN:62015TA0695
62015TA0695
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13.11.2017
Official Journal of the European Union
C 382/39
(Case T-695/15) (<span class="super note-tag">1</span>)
((Community design - Invalidity proceedings - Registered Community design representing a container for sweets - Earlier international three-dimensional mark - Shape of a standard container which can be filled with sweets - Likelihood of confusion - Application of national law - Article 25(1)(e) of Regulation (EC) No 6/2002 - Article 62 and Article 63(1) of Regulation No 6/2002))
(2017/C 382/46)
Language of the case: English
Parties
Applicant: BMB sp. z o.o. (Grójec, Poland) (represented by: K. Czubkowski, lawyer)
Defendant: European Union Intellectual Property Office (represented by: S. Hanne, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Ferrero SpA (Alba, Italy) (represented by: M. Kefferpütz, lawyer)
Re:
Action brought against the decision of the Third Board of Appeal of EUIPO of 8 September 2015 (Case R 1150/2012-3), relating to invalidity proceedings between Ferrero and BMB.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders BMB sp. z o.o. to pay the costs.
(<span class="super">1</span>) OJ C 38, 1.2.2016.