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Invalidity appeal · Board of Appeal · 2020-10-28
R1735/2020-3
Contested design: 005253416-0001
CDRAppellant: applicant
Outcome
Appeal inadmissible
The appeal is deemed not to have been filed.
Show verbatim operative text
Declares that the appeal is deemed as not having been filed.
CostsNo costs order
Parties
Applicant · invalidity challenger
Jerzy Pietrucha BUSINESS ASSETSvia PDF extraction
Poland (PL)
Przemysłowa 10, 98-235 Błaszki, Poland
Represented by
Bartłomiej Emil Fijałkowski
Holder · RCD owner
Robert Kaleskivia PDF extraction
Poland (PL)
Bukowa 6, 95-100 Zgierz, Poland
Legal grounds invoked
Article 57Article 35(3)
Argument summary
- ›The invalidity applicant appealed the rejection of its invalidity application and stated that the appeal fee would be paid by bank transfer.
- ›After the Registry warned that the fee had arrived after expiry of the appeal period, the appellant argued that the transfer and surcharge were paid on 1 September 2020.
- ›The Board held that the two-month period expired on 31 August 2020, so payment on 1 September 2020 was late and the conditions of Article 35(3) CDIR were not met.
- ›The appeal was therefore deemed not to have been filed; no costs decision was necessary for the appeal proceedings.
Deciding panel
- ChairTh. M. Margellos
- RapporteurH. Salmi
- MemberC. Bartos
- Registrarp.o. R. Vidal
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 ↗ |
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