Judgment_paragraph 25 · Tinnus Enterprises LLC v European Union Intellectual Property Office (T-574/19)

25On the other hand, as is also apparent from Article 8(1) of Regulation No 6/2002 and from recital 10 of that regulation, and as EUIPO rightly notes, if all the features of appearance of the product concerned are solely dictated by its technical function, the design at issue will not be valid, unless it is apparent that the arrangement of those features was dictated by considerations not concerned solely with the need to fulfil the technical function of the product concerned, creating, in particular, an overall visual impression going beyond mere technical function. In that regard, it must be borne in mind that, under the system laid down by Regulation No 6/2002, appearance is the decisive factor for a design (see judgment of 8 March 2018, DOCERAM, C‑395/16, EU:C:2018:172, paragraph 25 and the case-law cited) and, consequently, a particular arrangement of features could be chosen for purposes other than the need to fulfil a technical function and, in particular for ornamental purposes and, more generally, for purposes seeking to enhance the visual aspect of the design.

Tinnus Enterprises LLC v European Union Intellectual Property Office (T-574/19)

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