Sygn. akt T-41/25
Judgment of the General Court (First Chamber) of 1 July 2026 – DecoTrend v EUIPO – Light Tec (String of lights)
(Case T‑41/25)
( EU design – Invalidity proceedings – Registered EU design representing a string of lights – Grounds for invalidity – Failure to comply with the requirements for protection – Article 25(1)(b) of Regulation (EC) No 6/2002 – No individual character – Article 6 of Regulation No 6/2002 – Examination of the facts by EUIPO of its own motion – Article 63(1) of Regulation No 6/2002 )
1. Judicial proceedings – Application initiating proceedings – Formal requirements – Brief statement of the pleas in law on which the application is based – Pleas in law not set out in the application – Reference to statement submitted to the Board of Appeal reproduced in the application – Inadmissibility
(Statute of the Court of Justice, Art. 21(1), first subpara.; Rules of procedure of the General Court, Art. 177(1)(d))
(see paragraphs 18-20)
2. EU designs – Procedural provisions – Examination of the facts of EUIPO’s own motion – Action for invalidity – Examination restricted to the facts, evidence and arguments provided
(Council Regulation No 6/2002, Art. 63(1))
(see paragraph 28)
3. EU designs – Surrender and invalidity – Application for a declaration of invalidity based on the existence of an earlier design – Burden of proof
(Council Regulation No 6/2002, Arts 4 to 9 and 25(1)(b))
(see paragraphs 29, 30)
4. EU 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 paragraphs 57, 59-62, 100-103)
5. EU 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 string of lights
(Council Regulation No 6/2002, Arts 6 and 25(1)(b))
(see paragraphs 67, 79, 80, 85, 99, 108-115, 120)
6. EU 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 – Scope – Taking into account of the goods actually marketed – Conditions
(Council Regulation No 6/2002, recital 12 and Arts 3(1), 4(1), 6 and 25(1)(b))
(see paragraphs 68, 69, 75-77)
Operative part
The Court:
1.
Dismisses the action;
2.
Orders DecoTrend GmbH, in addition to bearing its own costs, to pay those incurred by Light Tec Ltd;
3.
Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs.
