Invalidity appeal · Board of Appeal · 2020-02-04

R1773/2019-3

Contested design: 001655721-0001

CDRAppellant: applicant

Outcome

Appeal inadmissible

The application to intervene in the proceedings and the appeal are dismissed as inadmissible.

Show verbatim operative text(de)

Der Antrag auf Beitritt zum Verfahren und die Beschwerde werden als unzulässig zurückgewiesen.

CostsNo costs order

Applicant · invalidity challenger

ORSÓ s.r.o.via PDF extraction

Nová 57, 946 36 Kravany nad Dunajom, Slovakia

Holder · RCD owner

JULIUS-K9 Zrt.via PDF extraction

Hungary (HU)

Ipar utca 10-12, 2310 Szigetszentmiklós, Hungary

Represented by

Article 25(1)(b)Article 5Article 6Article 54Article 56Article 70(1)

›Gábor Bende, not a party to the original invalidity proceedings, filed an intervention request and then an appeal against the Invalidity Division's decision of 19/06/2019 rejecting ORSÓ s.r.o.'s invalidity application against dog-harness RCD No 1655721-0001; he claimed his own dog harnesses distributed since 2001 anticipated the RCD.
›ORSÓ s.r.o. notified the Office that it had neither filed an appeal nor authorised Gábor Bende's representative to do so.
›The Board found that only a party to the first-instance proceedings who was adversely affected may file an appeal (Article 56 CDR); Gábor Bende was not such a party, so his appeal was inadmissible. The intervention request under Article 54 CDR was also inadmissible because the invalidity proceedings had already concluded and the three-month deadline had expired.
›Both the appeal and the intervention request were dismissed as inadmissible; no costs order was made as no bilateral adversarial proceedings were established.

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 ↗