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Other appeal · Board of Appeal · 2018-10-04
R0474/2018-3
Contested design: 002583997-0002
CDRAppellant: applicant
Outcome
Discontinued / withdrawn
The appeal proceedings are declared closed.
Show verbatim operative text
Declares the appeal proceedings closed.
CostsNot specified
Parties
Applicant · invalidity challenger
Coach, Inc.via PDF extraction
United States (US)
Ten Hudson Yards, New York, New York 10001, United States of America
Represented by
Holder · RCD owner
No opposing holder — Other appeal · Board of Appeal.
Legal grounds invoked
Art 23(4)Article 28(a) CDR
From EUIPO API metadata.
Argument summary
- ›Coach, Inc. (RCD holder/appellant) filed a recordal application to correct an incorrect Applicant ID used when filing RCD Nos 4 058 246-0001/0008 and 2 583 997-0001/0003, seeking to update the address rather than record a transfer of ownership.
- ›The Office's Customer Services Department rejected the recordal, treating the change between two state-of-incorporation jurisdictions as a transfer of ownership rather than a mere address correction.
- ›Coach argued that Applicant ID 130239 and ID 830863 refer to the same legal entity (a Maryland corporation) and that the correction was administrative, not a change of ownership; the recordal of the assignment from Coach Inc. to Coach IP Holdings LLC was already recorded for other designs before the appeal was filed.
- ›The Board found that the recordal of the assignment for Nos 4 058 246-0001/0008 had been recorded on 3 August 2018 during the pendency of the appeal, so the proceedings had lost their purpose and were closed without a substantive ruling.
Deciding panel
- ChairTh. M. Margellos
- RapporteurH. Salmi
- MemberC. Negro
- RegistrarI. Romero Conrad
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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| Case | Date | Outcome | Shared grounds | Locarno | Score |
|---|---|---|---|---|---|
| R0474/2018-3 | 2018-10-04 | Without deciding on the merits | Art 23(4) | — | 5 |
| R0474/2018-3 | 2018-10-04 | Without deciding on the merits | Art 23(4) | — | 5 |
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| R0474/2018-3 | 2018-10-04 | Without deciding on the merits | Art 23(4) | — | 3 |
| R0474/2018-3 | 2018-10-04 | Without deciding on the merits | Art 23(4) | — | 3 |
| R0474/2018-3 | 2018-10-04 | Without deciding on the merits | Art 23(4) | — | 3 |