Invalidity appeal · Board of Appeal · 2019-11-11

R0427/2019-3

Contested design: 002437178-0002

CDRAppellant: applicant

Outcome

Appeal inadmissible

The appeal is rejected as inadmissible.

Show verbatim operative text(it)

Il ricorso è respinto in quanto inammissibile.

CostsEach party bears its own costs

Applicant · invalidity challenger

ESSITY OPERATIONS FRANCEvia PDF extraction

France (FR)

151-161 boulevard Victor Hugo, 93400 Saint Ouen, Francia

Represented by

Sophie Micallef

Holder · RCD owner

SOFIDEL S.p.A.via PDF extraction

Italy (IT)

Via Di Lucia, 23, 55016 Porcari (LU), Italia

Represented by

Article 57Article 35Article 25(1)(b)Article 70(2)

›The invalidity applicant (appellant) had appealed the Invalidity Division's decision rejecting the invalidity application as unfounded but failed to file the written statement of grounds within the four-month deadline.
›The design holder was not required to undertake any procedural activity in the appeal given its inadmissibility.
›The Board found the appeal non-compliant with Article 57 CDR: the contested decision was notified on 23 December 2018 and the statement of grounds was due by 23 April 2019 but was never filed.
›The appeal was rejected as inadmissible; each party bears its own costs on grounds of equity under Article 70(2) CDR.

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