The purpose of Article 3 CDR is to explain what can be protected as a design, not to indicate how many designs can be included in an application.

D&M IT

The fact that a Community design application includes one or more designs therefore has nothing to do with the legal definition of designs contained in Article 3 CDR: if the design depicts the appearance of a product, it certainly falls within the definition contained in that provision, since it is irrelevant – to this end – whether the design (that is, the product into which it is incorporated) is adapted into more than one variant.

For this reason, the Invalidity Division incorrectly invalidated the Community design in this case.

Since in fact the design depicts the appearance of a radiator, it satisfies the requirements contained in Article 3 CDR and could not be invalidated. In the present case, the only irregularity committed by the holder consisted in having presented a single rather than a multiple application.

But this was certainly not an irregularity sanctionable by invalidity, either total or partial, because such an eventuality is not provided for under Article 25 CDR. The file was remitted to the Invalidity Division for examination of the grounds of invalidity contained in Article 25(1)(b) CDR, with particular reference to the alleged lack of individual character (Article 6 CDR).