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Contested design 006373684-0017

Invalidity appeal · Board of Appeal · 2020-11-09

R1691/2020-3

Contested design: 006373684-0017

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

Parties

Applicant · invalidity challenger

LEGO Juris A/Svia PDF extraction

Denmark (DK)

Koldingvej 2, 7190 Billund, Denmark

Represented by

BOMHARD IP, S.L.

Holder · RCD owner

MAR 2000 OODvia PDF extraction

Bulgaria (BG)

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

Represented by

BUREAU IGNATOV & SON

Legal grounds invoked

Article 57

Argument summary

  • The design holder filed an appeal against the Invalidity Division’s decision concerning RCD No. 6 373 684-0017 and indicated payment of the appeal fee by bank transfer.
  • The Registry advised that the appeal fee had not been received before expiry of the appeal period and the file did not establish timely payment.
  • The Board held under Article 57 CDR that the notice of appeal is deemed filed only upon payment of the appeal fee; because that never happened in time, the appeal was deemed not filed.
  • The appeal was disposed of on procedural grounds and no costs order was needed for the appeal proceedings.

Deciding panel

  • ChairTh. M. Margellos
  • RapporteurH. Salmi
  • MemberM. Bra
  • Registrarp.o. R. Vidal

Decision files

LanguageTypeSource link
deDeutsch (de)machine translatedDownload original from EUIPO ↗
esespañol (es)machine translatedDownload original from EUIPO ↗
frfrançais (fr)machine translatedDownload original from EUIPO ↗
ititaliano (it)machine translatedDownload original from EUIPO ↗
enEnglishoriginalDownload original from EUIPO ↗