Invalidity appeal · Board of Appeal · 2019-07-01
R0582/2018-3
Contested design: 000840400-0001
Outcome
The Board takes note of the withdrawal of both the appeal and the invalidity application and declares the proceedings closed; the parties' agreement on costs is noted.
Show verbatim operative text
1. Takes note of the withdrawal of the appeal and the request for a declaration of invalidity and declares the invalidity and the appeal proceedings closed; 2. Takes note of the agreement on costs concluded by the parties.
CostsEach party bears its own costs
Parties
Applicant · invalidity challenger
THUN TRADE a.s.via PDF extraction
Czechia (CZ)
Ctiradova 508/1, CZ-4 Prague, Czech Republic
Represented by
Jana Bärová
Holder · RCD owner
Thun 1794 A.S.via PDF extraction
Czechia (CZ)
Tovární 242, 362 25 Nová Role, Czech Republic
Represented by
Jana Bärová
Legal grounds invoked
Argument summary
- ›THUN TRADE a.s. (invalidity applicant/appellant) had appealed the Invalidity Division's rejection of its invalidity application against RCD No 840 400-0001 (graphic symbols).
- ›The design holder's RCD was transferred on 17 January 2019 to Thun 1794 A.S. after an amicable settlement was reached between the parties.
- ›On 7 January 2019, the invalidity applicant informed the Office of the settlement and withdrew both the appeal and the underlying invalidity application; the parties agreed on costs.
- ›The Board declared the invalidity and appeal proceedings closed; no costs decision was needed as the parties had reached their own agreement.
Deciding panel
- ChairTh. M. Margellos
- MemberH. Salmi
- MemberC. Negro
- Registrarp.o. N. Granado Carpenter
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 ↗ |
Similar decisions
Ranked by shared Locarno class + shared legal grounds + matching outcome. Click a case to view full detail.
| Case | Date | Outcome | Shared grounds | Locarno | Score |
|---|---|---|---|---|---|
| R1957/2020-3 | 2022-07-11 | Without deciding on the merits | Art 70(5) | — | 5 |
| R1959/2020-3 | 2022-07-11 | Without deciding on the merits | Art 70(5) | — | 5 |
| R1958/2020-3 | 2022-07-11 | Without deciding on the merits | Art 70(5) | — | 5 |
| R1960/2020-3 | 2022-07-11 | Without deciding on the merits | Art 70(5) | — | 5 |
| R1962/2020-3 | 2022-07-11 | Without deciding on the merits | Art 70(5) | — | 5 |
| R0968/2020-3 | 2021-02-02 | Without deciding on the merits | Art 70(5) | — | 5 |
| R1500/2020-3 | 2021-01-19 | Without deciding on the merits | Art 70(5) | — | 5 |
| R1501/2020-3 | 2021-01-19 | Without deciding on the merits | Art 70(5) | — | 5 |