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Invalidity appeal · Board of Appeal · 2018-02-14
R2248/2017-3
Contested design: 002532226-0003
CDRAppellant: applicantmedium-confidence extraction
Outcome
Discontinued / withdrawn
The withdrawal of the appeal is noted, the appeal proceedings are closed, and the invalidity applicants are ordered to bear the design holder's appeal costs.
Show verbatim operative text
1. Takes note of the withdrawal of the appeal and closes the appeal proceedings. 2. Orders the invalidity applicants to bear the costs incurred by the design holder in the appeal proceedings.
CostsApplicant ordered to pay costs
Parties
Applicant · invalidity challenger
TRAFLUX BVBAvia PDF extraction
Belgium (BE)
Europark 1003, B-3530 Houthalen-Helchteren, Belgium
Represented by
Nele Somers
Holder · RCD owner
MOLOK OYvia PDF extraction
Finland (FI)
Nosturikatu 16, SF-37101 Nokia, Finland
Represented by
Legal grounds invoked
Article 70
Argument summary
- ›The invalidity applicants (four Belgian entities: TRAFLUX BVBA, Zweva Environment BVBA, Molok Distribution NV, Molok Production NV) filed for invalidity of RCD No 2532226-0003 (garbage cans, part of) claiming lack of novelty and individual character relative to the 'Molok Classic' waste container marketed since 1991.
- ›The Invalidity Division rejected the application and ordered the invalidity applicants to bear costs by decision of 24/08/2017.
- ›The invalidity applicants filed an appeal but submitted no written grounds; on 18 January 2018 they informed the Registry that the parties had reached a global settlement and requested removal of the case.
- ›The Board treated the request as a withdrawal of the appeal; in the absence of a cost settlement, ordered the invalidity applicants to bear the appeal costs.
Deciding panel
- ChairH. Salmi
- RapporteurE. Fink
- MemberTh. M. Margellos
- RegistrarH. Dijkema
Decision files
| Language | Type | Source link |
|---|---|---|
| esespañol (es) | machine translated | Download original from EUIPO ↗ |
| frfrançais (fr) | machine translated | Download original from EUIPO ↗ |
| ititaliano (it) | machine translated | Download original from EUIPO ↗ |
| enEnglish | original | Download original from EUIPO ↗ |