000130021

• ›Applicant (Plastika Thrakis) sought invalidity of the contested disposable plastic drinking cup design for lack of novelty and individual character over the holder's own earlier designs published since 2016 and EU design No 003029883-0004; also argued features (rim notches, base shape) are solely technically dictated under Art. 8(1).
• ›Holder argued evidence in Annexes A.9 and A.10 was insufficient to establish disclosure (no URL, no source, undated); contended designer freedom is limited by functional requirements; maintained the contested design's double-protrusion rim and thickened elevated base are discretionary aesthetic choices creating a different overall impression; submitted a technical expert report.
• ›The Division found Annexes A.9 and A.10 together sufficient to prove disclosure of the prior design: A.10 provides the URL and date (09/06/2017) and both show the same product; the prior and contested designs share a tapered body widening upward, similar proportions and silhouette; minor differences in rim detail and slenderness are insufficient to produce a different overall impression on the informed user given moderate designer freedom.
• ›Application upheld on Art. 6(1)(b); contested design declared invalid; other grounds (Art. 5, 8(1), further prior designs) not examined.

• MemberEnrico D'ERRICO
• MemberRebecca SANTANA DAVIES
• MemberCarlos MATEO PÉREZ

Ranked by shared Locarno class + shared legal grounds + matching outcome. Click a case to view full detail.