Other appeal · Board of Appeal · 2018-12-18

R0507/2018-3

Contested design: 000675061-0012

CDRAppellant: applicantRCD lapsed at decision

Outcome

Restitutio refused

The appeal is dismissed.

Show verbatim operative text

Dismisses the appeal.

CostsNo costs order

Applicant · invalidity challenger

Costantinos Sisamosvia PDF extraction

Kerinias 34, CY-4180 Ipsonas, Limassol, Cyprus

Represented by

Holder · RCD owner

No opposing holder — Other appeal · Board of Appeal.

Article 67Article 62Article 57Article 13Article 70

›The holder (Sisamos) appealed the Office's rejection of his restitutio in integrum request for RCD No 675061-0012, arguing he had a computerised monitoring system and was medically incapacitated from December 2016 to July 2017, preventing renewal; the Office's communication of 1 February 2018 requesting further evidence was allegedly ambiguous.
›The Office found the medical certificate insufficient and that no further evidence had been provided by the deadline, holding the non-renewal resulted from negligence.
›The Board found that the holder had known of the renewal window since at least 27 June 2016 but took no measures between that date and the onset of his illness, and failed to arrange any third-party monitoring during his eight-month absence; the lack of evidence of specific medical treatment was moot given the absence of any backup system.
›The appeal was dismissed; the holder failed to demonstrate all due care under Article 67(1) CDR; the first-instance rejection of restitutio in integrum is upheld.

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