Invalidity appeal · Board of Appeal · 2020-10-29
R0909/2019-3
Contested design: 001819558-0002
Outcome
The invalidity and appeal proceedings are closed because the contested RCD has already been invalidated in parallel proceedings; the invalidity applicant bears the invalidity-proceedings costs and each party bears its own appeal costs.
Show verbatim operative text
1. Closes the invalidity and appeal proceedings; 2. Orders the invalidity applicant to bear the costs of the invalidity proceedings and each party to bear its own costs of the appeal proceedings.
CostsCosts shared between parties
Parties
Applicant · invalidity challenger
DOVGAN GmbHvia PDF extraction
Germany (DE)
Zinkhüttenweg 6, 22113 Hamburg, Germany
Represented by
Holder · RCD owner
GAMMA-A, SIAvia PDF extraction
LV
Traleru iela 30, 1030 Riga, Latvia
Represented by
Legal grounds invoked
Argument summary
- ›The invalidity applicant appealed the rejection of its invalidity application and sought invalidation of the contested packaging design plus a costs order against the holder.
- ›While this appeal was pending, parallel appeal proceedings concerning the same RCD ended with a final declaration of invalidity that was entered in the Register on 29 October 2020.
- ›The Board held that, because the same RCD had already been invalidated in the parallel case, the present invalidity and appeal proceedings had lost their purpose and had to be closed.
- ›For costs, the invalidity applicant remained the losing party in the first-instance invalidity proceedings, while for the appeal proceedings each party was ordered to bear its own costs.
Deciding panel
- ChairTh. M. Margellos
- RapporteurE. Fink
- MemberA. Szanyi Felkl
- 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 ↗ |