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Invalidity appeal · Board of Appeal · 2019-03-27
R1712/2018-3
Contested design: 001055180-0001
CDRAppellant: applicant
Outcome
Appeal inadmissible
The appeal is rejected as inadmissible because the notice of appeal was filed after the two-month time limit under Article 57 CDR.
Show verbatim operative text
Rejects the appeal as inadmissible;
CostsNot specified
Parties
Applicant · invalidity challenger
Do-Do MM Kft.via PDF extraction
Hungary (HU)
Kiskőrös, Izsáki út 12., 6200, Hungary
Holder · RCD owner
BEVERAGES Mark Limitedvia PDF extraction
GI
Suite 5, 39 Irish Town, GX11 1AA, Gibraltar
Represented by
Legal grounds invoked
Article 25(1)(b)Article 25(1)(e)Article 25(1)(f)Article 4(1)Article 57Article 35
Argument summary
- ›Invalidity applicant (appellant) filed the notice of appeal on 30 August 2018, three days after the 27 August 2018 deadline; it argued it should not bear responsibility for a courier's delay in delivering the notice to the Office.
- ›The holder did not submit observations on admissibility.
- ›The Board held it has no discretion to waive the mandatory two-month time limit in Article 57 CDR; the notice of appeal was received after the deadline regardless of when it was dispatched.
- ›The appeal was rejected as inadmissible; no costs order was recorded in the decision.
Deciding panel
- ChairTh. M. Margellos
- RapporteurC. Rusconi
- MemberC. Negro
- 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 ↗ |