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

R1690/2020-3

Contested design: 005652401-0019

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. 5 652 401-0019 and stated that the appeal fee would be paid by bank transfer.
›The Registry notified the design holder that the Office had not received the appeal fee within the appeal period and no timely payment was ultimately demonstrated.
›The Board held that Article 57 CDR makes payment of the appeal fee a condition for the notice of appeal to be deemed filed; that condition was not met here.
›The appeal was therefore deemed not filed and no appeal-costs decision was required.

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