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

R1693/2020-3

Contested design: 005652401-0001

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. 5 652 401-0001 and indicated bank-transfer payment of the appeal fee.
›The Registry informed the design holder that the Office had not received the appeal fee before the deadline and the file showed no timely payment thereafter.
›The Board held that, under Article 57 CDR, the notice of appeal is deemed filed only once the appeal fee is paid; since that did not occur in time, the appeal was deemed not filed.
›The case ended on procedural grounds without a substantive appeal decision or appeal-costs order.

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