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Invalidity appeal · Board of Appeal · 2018-04-06
R2714/2017-3
Contested design: 002964452-0004
CDRAppellant: applicant
Outcome
Discontinued / withdrawn
The withdrawal of the appeal is noted and the appeal proceedings are declared terminated.
Show verbatim operative text(it)
1. Si prende nota del ritiro del ricorso; 2. Il procedimento di ricorso è dichiarato terminato.
CostsNo costs order
Parties
Applicant · invalidity challenger
LENG-D'OR, S.A.via PDF extraction
Spain (ES)
Industria, 21, Pol. Ind. Conde de Sert, 08755 Castellbisbal (Barcellona), Spagna
Represented by
Holder · RCD owner
MAFIN S.r.l.via PDF extraction
Italy (IT)
Strada degli Alberi, 7, 35015 Galliera Veneta (PD), Italia
Represented by
Legal grounds invoked
Article 70
Argument summary
- ›LENG-D'OR, S.A. (invalidity applicant/appellant) had filed for invalidity of RCD No 2 964 452-0004 (snacks) for lack of validity requirements under Articles 4–9 CDR.
- ›The Invalidity Division rejected the invalidity application by decision of 2 November 2017.
- ›The invalidity applicant filed an appeal on 20 December 2017 but withdrew it on 2 March 2018 before submitting grounds; the design holder was notified.
- ›As the appeal was withdrawn before any grounds were filed and the holder did not have to defend itself, the Board decided for reasons of equity not to award costs; proceedings are terminated.
Deciding panel
- MemberC. Rusconi
- RegistrarH. Dijkema
Decision files
| Language | Type | Source link |
|---|---|---|
| enEnglish | human translated | Download original from EUIPO ↗ |
| itItalian | original | Download original from EUIPO ↗ |