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Invalidity appeal · Board of Appeal · 2019-10-09
R2320/2018-3
Contested design: 003043207-0002
CDRAppellant: holder
Outcome
Discontinued / withdrawn
The withdrawal of the invalidity request is noted, the appeal proceedings are terminated, and each party will bear its own costs pursuant to the parties' settlement agreement.
Show verbatim operative text
1. Takes note of the withdrawal of the request for a declaration of invalidity; 2. Terminates the appeal proceedings; 3. Takes note that each party will bear its own costs.
CostsEach party bears its own costs
Parties
Applicant · invalidity challenger
STURM HANDELS GMBH
Germany (DE)
Graf-Bentzel-Str. 85, 72108 Rottenburg, Germany
Represented by
Holder · RCD owner
Grzegorz Mieszczak trading as HELIKON -TEX
Poland (PL)
ul. Radomska 34, 54-032 Wrocław, Poland
Represented by
Halina Józefa Winohradnik
Legal grounds invoked
Article 25(1)(b)Article 4Article 5Article 6Article 70(1)Article 70(5)
Argument summary
- ›Design holder (Helikon-Tex) appealed the Invalidity Division decision declaring the rucksack RCD invalid; the invalidity applicant (Sturm Handels) opposed the appeal.
- ›The invalidity applicant subsequently withdrew its request for a declaration of invalidity on 4 June 2019, notifying the Office that the parties had reached an amicable settlement and agreed each would bear its own costs.
- ›As a result of the withdrawal, the appeal proceedings lost their purpose and were terminated; the earlier invalidity decision took no effect and RCD No 3 043 207-0002 remained valid.
- ›No substantive merits assessment was conducted; the Board took note of the settlement on costs.
Deciding panel
- ChairTh. M. Margellos
- RapporteurC. Rusconi
- MemberG. Humphreys
- 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 ↗ |