Invalidity appeal · Board of Appeal · 2019-02-25

R2292/2018-3

Contested design: 001394589-0019

CDRAppellant: applicant

Outcome

Discontinued / withdrawn

The Board takes note of the withdrawal of the appeal; the appeal proceedings are declared closed.

Show verbatim operative text(it)

1. Si prende nota del ritiro del ricorso; 2. Il procedimento di ricorso è dichiarato terminato.

CostsEach party bears its own costs

Applicant · invalidity challenger

Metalglas Bonomi S.r.l.via PDF extraction

Italy (IT)

Via Montini n. 106/A, 25065 Lumezzane (Brescia), Italia

Represented by

Holder · RCD owner

LOGLI MASSIMO S.p.A.via PDF extraction

Italy (IT)

Via Chemnitz, 49/51, 59100 Prato, Italia

Represented by

Article 37Article 70

›Invalidity applicant (appellant) had filed an appeal on 23 November 2018 against the decision of 26 September 2018 rejecting the invalidity application, but withdrew the appeal on 23 January 2019 and requested a refund of the appeal fee.
›The design holder was notified of the withdrawal and no substantive arguments were exchanged.
›The Board noted that withdrawal of the appeal ends the proceedings and makes the first-instance decision final; refund of the appeal fee is only available upon allowance of the appeal following a substantial procedural violation, which was not the case here.
›On costs, since the applicant withdrew before filing the statement of grounds and the holder did not need to defend itself, the Board considered it equitable not to award costs to either party.

Language	Type	Source link
enEnglish (en)	machine translated	Download original from EUIPO ↗
esespañol (es)	machine translated	Download original from EUIPO ↗
frfrançais (fr)	machine translated	Download original from EUIPO ↗
itItalian	original	Download original from EUIPO ↗