R2243/2019-3

From EUIPO API metadata.

• ›DMG MORI SEIKI CO., LTD. and DMG MORI AKTIENGESELLSCHAFT (joint applicants/holders) appealed the rejection of their restitutio in integrum request for reinstatement into the time-limit for renewing RCD registration No 2 308 932 (36 computer icons); they argued their representative's PatOrg software system operated correctly and that a single inexplicable isolated error in an otherwise well-functioning firm cannot constitute a lack of due care.
• ›The Office (Operations Department) found that the missed renewal was caused by the representative's own error in controlling and cross-checking whether renewal tasks had been completed, attributable to an insufficient internal control mechanism.
• ›The Board confirmed that restitutio requires all due care in the circumstances; human administrative errors are not extraordinary or unforeseeable; the representative was unable to identify why the error occurred, revealing an absence of a second verification step capable of catching such errors.
• ›The appeal is dismissed; the applicants and their representative failed to meet the strict due-care standard under Article 67(1) CDR and the restitutio request was rightly refused.

• ChairTh. M. Margellos
• RapporteurA. Szanyi Felkl
• MemberE. Fink
• RegistrarH. Dijkema

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