Restitutio in integrum · 2019-09-04

R0480/2019-3

Contested design: 002073379-0003

CDRRCD lapsed at decision

Outcome

Restitutio refused

The appeal is dismissed.

Show verbatim operative text(de)

Die Beschwerde wird zurückgewiesen.

CostsNot specified

Applicant · invalidity challenger

Yonwoo Co., Ltd.via PDF extraction

South Korea (KR)

473-5 Gajwa-dong, Seo-gu, Incheon 404-250, Republik Korea

Represented by

Holder · RCD owner

No opposing holder — Restitutio in integrum.

Article 67Article 56Article 57Article 104

›Yonwoo Co., Ltd. applied for restitutio in integrum after its GGM No 2 073 379-0003 (cosmetic container) lapsed on 13 July 2017 due to a miscommunication between the Korean and European representatives about which designs in the multiple-application were to be renewed.
›The holder argued that the misunderstanding of the Korean representative's renewal instructions by the European representative's clerk was an isolated, unforeseeable error and not attributable to lack of due care, as the instructions were ambiguous.
›The Board found the instructions in the email subject lines were clear and unambiguous; the clerk should have read them carefully; the chain of errors (failure to read subject lines, failure to notice missing invoice, failure to seek clarification) cannot be characterised as extraordinary or unforeseeable circumstances justifying restitutio.
›The appeal is dismissed; the first-instance refusal of restitutio is confirmed.

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