Invalidity appeal · Board of Appeal · 2020-10-20
R2984/2019-3
Contested design: 005792553-0001
Outcome
The contested decision is annulled, the case is remitted to the Invalidity Division for further prosecution, and each party bears its own appeal costs.
Show verbatim operative text
1. Annuls the contested decision; 2. Remits the case to the Invalidity Division for further prosecution; 3. Orders that each party bear its own costs and fees in the appeal proceedings.
CostsEach party bears its own costs
Parties
Applicant · invalidity challenger
SERASAR GmbHvia PDF extraction
Germany (DE)
Pleistalstraße 228a, 53757 Sankt Augustin, Germany
Represented by
Holder · RCD owner
Hongde Xianvia PDF extraction
China (CN)
No. 7, 24 Street, Weizai Luoge Village, Nanzhuang, Chancheng District, Guangdong, Foshan, People's Republic of China
Represented by
Prior art cited (2)
bracelet clasp offered for sale on Amazon.de under the SERASAR mark
ASIN B07D6XZ1YQ · Amazon.de · disclosed 2018-05-22
another bracelet clasp relied on for the first time on appeal
ASIN B018TLUMPO · Amazon.de · disclosed 2015-12-02
Legal grounds invoked
Argument summary
- ›The invalidity applicant argued that the contested jewellery-lock design copied the clasp of bracelets it had been selling on Amazon.de and that the earlier clasp had been publicly available before the filing date.
- ›The design holder did not file any observations in reply.
- ›The Board agreed that the original first-instance screenshots were insufficient, but admitted supplementary Amazon evidence on appeal, found the product with ASIN B07D6XZ1YQ had been offered on Amazon.de since 22 May 2018, and therefore proved prior disclosure of that clasp. It disregarded the distinct ASIN B018TLUMPO as an inadmissible extension of the subject matter.
- ›Because disclosure was established but the substance of novelty and individual character had not yet been examined in full, the Board annulled the decision and remitted the case; each party bears its own appeal costs.
Deciding panel
- ChairTh. M. Margellos
- RapporteurC. Negro
- MemberM. Bra
- RegistrarH. Dijkema
Decision files
| Language | Type | Source link |
|---|---|---|
| deDeutsch (de) | machine translated | Download original from EUIPO ↗ |
| 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 ↗ |