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Other appeal · Board of Appeal · 2018-02-16
R2293/2017-3
Contested design: 003729722-0001
CDRAppellant: applicant
Outcome
Discontinued / withdrawn
The appeal proceedings are closed following withdrawal of the appeal, and the request for reimbursement of the appeal fee is rejected.
Show verbatim operative text
1. Closes the appeal proceedings as a result of the withdrawal of the appeal and declares the appeal proceedings closed; 2. Rejects the request for a reimbursement of the appeal fee.
CostsNo costs order
Parties
Applicant · invalidity challenger
Sealy Technology LLCvia PDF extraction
United States (US)
One Office Parkway, Trinity, North Carolina 27370, United States of America
Represented by
Holder · RCD owner
No opposing holder — Other appeal · Board of Appeal.
Legal grounds invoked
Article 37 CDIR
Argument summary
- ›Sealy Technology LLC registered design No 3 729 722-0001 for mattress covers; on 31 May 2017 it requested a correction to delete colours from figures 0001.1 and 0001.4 in the registration certificate.
- ›The Office refused the correction on 5 June 2017 because the views had already been published with colours; after no observations were submitted, the Office formally rejected the recordal application on 4 October 2017.
- ›Sealy filed an appeal on 19 October 2017, then on 10 November 2017 withdrew it, stating it had misunderstood the October decision; it requested a refund of the appeal fee.
- ›The Board closed proceedings due to the withdrawal, and rejected the fee refund request as the conditions of Article 37 CDIR were not met and there was no procedural violation by the Office.
Deciding panel
- ChairTh. M. Margellos
- RapporteurH. Salmi
- MemberE. Fink
- 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 ↗ |