Invalidity appeal · Board of Appeal · 2019-03-19
R1677/2018-3
Contested design: 002223834-0011
Outcome
The Board takes note of the withdrawal of the invalidity application, closes both the invalidity and appeal proceedings, sets aside the contested decision, and notes the parties' private costs agreement.
Show verbatim operative text
1. Takes note of the withdrawal of the request for a declaration of invalidity and declares the invalidity and the appeal proceedings closed; 2. Sets aside the contested decision; 3. Takes note of the agreement on costs concluded by the parties.
CostsEach party bears its own costs
Parties
Applicant · invalidity challenger
digi-tech GmbHvia PDF extraction
Germany (DE)
Valterweg 27 A, 65817 Eppstein-Bremthal, Germany
Represented by
Holder · RCD owner
ICE IP S.A.via PDF extraction
Belgium (BE)
Place Mc Auliffe. 34, 6600 Bastogne, Belgium
Represented by
Dr Hillers
Legal grounds invoked
Argument summary
- ›Design holder (appellant) appealed the first-instance decision which had upheld the invalidity application and declared the contested watch design (RCD No 2 223 834-0011) invalid.
- ›During the appeal, the parties reached an amicable settlement and on 7 January 2019 the invalidity applicant withdrew the application for a declaration of invalidity; both parties confirmed agreement on costs and that no decision on costs was required.
- ›The Board noted that with the withdrawal of the invalidity application, both the invalidity and appeal proceedings lost their purpose and must be closed; the contested (first-instance) decision therefore cannot take effect.
- ›No merits assessment was conducted; the appeal was closed without a substantive decision.
Deciding panel
- ChairTh. M. Margellos
- RapporteurC. Negro
- MemberM. Bra
- 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 ↗ |