Invalidity appeal · Board of Appeal · 2019-07-23

R2319/2018-3

Contested design: 003043207-0001

CDRAppellant: holder

Outcome

Discontinued / withdrawn

The Board takes note of the withdrawal of the invalidity application and declares both the appeal and invalidity proceedings closed.

Show verbatim operative text

1. Takes note of the withdrawal of the application for a declaration of invalidity; 2. Declares the appeal and invalidity proceedings closed.

CostsNot specified

Applicant · invalidity challenger

STURM HANDELS GMBHvia PDF extraction

Germany (DE)

Graf-Bentzel-Str. 85, 72108 Rottenburg, Germany

Represented by

Holder · RCD owner

Grzegorz Mieszczak trading as HELIKON-TEXvia PDF extraction

Poland (PL)

ul. Radomska 34, 54-032 Wrocław, Poland

Represented by

Halina Józefa Winohradnik

Article 25(1)(b)Article 70(5)

›The design holder (appellant) filed an appeal challenging the Invalidity Division's decision that had declared RCD No 003043207-0001 (backpack) invalid.
›The invalidity applicant (respondent) had initially requested the appeal be dismissed, but subsequently reached an amicable settlement with the holder and withdrew the invalidity application.
›Following the withdrawal of the invalidity application, the Board found the contested decision lost its purpose and legal effect.
›Both parties agreed on costs, and the Board declared the appeal and invalidity proceedings closed without a substantive merits ruling.

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