Judgment_paragraph 67 · Piaggio & C. SpA v European Union Intellectual Property Office (T-219/18)

67According to case-law, an application, based on the ground for invalidity specified in Article 25(1)(e) of Regulation No 6/2002, for a declaration that a Community design is invalid can succeed only if it is found that the relevant public will form the impression that use is made, in that Community design, of the distinctive sign relied on in support of the application for a declaration of invalidity (judgment of 12 May 2010, Beifa Group v OHIM – Schwan-Stabilo Schwanhäußer (Instrument for writing), T‑148/08, EU:T:2010:190, paragraph 105). The examination of that ground for invalidity must be based on the perception by the relevant public of the distinctive sign relied on in support of that ground, as well as on the overall impression which the sign leaves in the mind of the public (judgment of 12 May 2010, Instrument for writing, T‑148/08, EU:T:2010:190, paragraph 120).

Piaggio & C. SpA v European Union Intellectual Property Office (T-219/18)

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