Invalidity appeal · Board of Appeal · 2020-03-24

R2698/2019-3

Contested design: 005941960-0003

CDRAppellant: applicant

Outcome

Appeal inadmissible

The appeal is dismissed as inadmissible; the invalidity applicant is ordered to bear the design holder's costs.

Show verbatim operative text

1. Dismisses the appeal as inadmissible; 2. Orders the invalidity applicant to bear the costs incurred by the design holder.

CostsApplicant ordered to pay costs

Applicant · invalidity challenger

ISSG Sports Innovations, LDA.via PDF extraction

Portugal (PT)

Rua Quinta do Gato Bravo, 5-G, Zona Industrial Vale Flores, 2810-069 Feijó, Portugal

Represented by

Holder · RCD owner

Sports Partnervia PDF extraction

Portugal (PT)

Estrada da Pernigem nº 26 São João das Lampas, 2705-726 Lisboa, Portugal

Represented by

Article 25(1)(b)Article 4(1)Article 25(1)(d)(ii)Article 57

›Invalidity applicant (appellant) filed an appeal against the Invalidity Division's rejection of its invalidity application but failed to file the written statement of grounds within the four-month deadline.
›The design holder (respondent) was notified of the deficiency; no comment was received from the appellant within the granted one-month period.
›The Board found the appeal non-compliant with Article 57 CDR because no statement of grounds was submitted before the 3 February 2020 deadline.
›The appeal was declared inadmissible and the contested first-instance decision became final.

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