Invalidity appeal · Board of Appeal · 2018-06-01
R1883/2017-3
Contested design: 000333315-0001
Outcome
The appeal is rejected as inadmissible and the appellant is ordered to bear the fees and costs of the invalidity and appeal proceedings.
Show verbatim operative text
1 Rejects the appeal as inadmissible; 2 Orders the appellant to bear the fees and costs incurred by the respondent in the invalidity and appeal proceedings.
CostsApplicant ordered to pay costs
Parties
Applicant · invalidity challenger
Jarosław Gawinvia PDF extraction
Poland (PL)
ul. Wręczycka 41, PL-42-200 Częstochowa, Poland
Represented by
Anna Korbela
Holder · RCD owner
KAEM Spółka z ograniczoną odpowiedzialnością Sp. K.via PDF extraction
Poland (PL)
ul. Rzemieślnicza 14, PL-62081 Baranowo, Poland
Represented by
Legal grounds invoked
Argument summary
- ›Appellant (invalidity applicant) appealed the first-instance rejection of its invalidity application but failed to submit a written statement of grounds within the four-month statutory time limit under Article 57 CDR; files in the User Area were saved as drafts only.
- ›The design holder (respondent) requested dismissal on the ground that no statement of grounds was duly submitted, as the documents were clearly marked as drafts.
- ›The Board found that the appellant's representative saved the PDF in the User Area preview but never submitted it; the IT log confirmed no actual submission. The argument that 'DRAFT' was misunderstood was rejected, and no restitutio in integrum had been requested.
- ›The appeal was declared inadmissible for failure to file a written statement of grounds within the mandatory time limit; the appellant was ordered to bear costs.
Deciding panel
- ChairTh. M. Margellos
- RapporteurE. Fink
- MemberC. Bartos
- 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 ↗ |
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