Judgment_paragraph 80 · Sanford LP v European Union Intellectual Property Office (T-443/20)

80However, it must be stated that the word and figurative elements on the designs at issue are marks or distinctive signs affixed to the product to indicate its origin. Those elements do not have an ornamental or decorative function and do not constitute features of the product giving the goods concerned their appearance, for the purposes of Article 3(a) and (b) of Regulation No 6/2002. Those word and figurative elements are therefore irrelevant in the comparison of the overall impressions for the purposes of establishing the individual character of the contested design.

Sanford LP v European Union Intellectual Property Office (T-443/20)

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