Invalidity appeal · Board of Appeal · 2020-11-05

R1576/2020-3

Contested design: 005652468-0008

CDRAppellant: holder

Outcome

Appeal inadmissible

The appeal is deemed not to have been filed because the appeal fee was not paid within the prescribed time limit.

Show verbatim operative text

Declares that the appeal is deemed not to have been filed.

CostsNo costs order

Applicant · invalidity challenger

LEGO Juris A/Svia PDF extraction

Denmark (DK)

Koldingvej 2, 7190 Billund, Denmark

Represented by

Holder · RCD owner

MAR 2000 OODvia PDF extraction

Bulgaria (BG)

JK "Nadejda", 5, Stefanson str., 1220 Sofia, Bulgaria

Represented by

Article 57

›The design holder filed an appeal against the Invalidity Division’s decision concerning RCD No. 5 652 468-0008 and indicated payment of the appeal fee by bank transfer.
›The Registry informed the design holder that the Office had not received the appeal fee before expiry of the appeal period and invited comments, but no valid timely payment was established.
›The Board applied Article 57 CDR and held that a notice of appeal is deemed filed only when the appeal fee has been paid; because the fee was not paid in time, the appeal was deemed not filed.
›No substantive review or appeal-costs order followed because the appeal was procedurally ineffective.

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