Invalidity appeal · Board of Appeal · 2021-09-30
R2489/2020-3
Contested design: 005638939-0001
Outcome
The appeal is dismissed and the design holder is ordered to bear the invalidity applicant’s costs in both instances.
Show verbatim operative text
1. Dismisses the appeal; 2. Orders the design holder to bear the costs and fees incurred by the invalidity applicant in the invalidity and appeal proceedings.
CostsHolder ordered to pay costs
Parties
Applicant · invalidity challenger
Graça & Mendes, Lda.via PDF extraction
Portugal (PT)
Lugar de Carreiro, Palmeira, 4700 Braga, Portugal
Represented by
Vera Alves
Holder · RCD owner
Jacinto João Faria Oliveiravia PDF extraction
Portugal (PT)
Rua St. António da Fonte, nº 1, 4740-357 Fão, Portugal
Represented by
André Pereira Branco
Prior art cited (1)
parasols, umbrella-sunshades, garden or beach parasols
Community design registration No 4 002 459-0001 · Community Designs Bulletin · disclosed 2017-05-22
Legal grounds invoked
Argument summary
- ›The invalidity applicant argued that the contested parasol RCD lacked novelty and individual character in light of its earlier parasol design and that the holder, a former employee, was marketing identical parasols.
- ›The holder replied that his parasols had been publicly available earlier and that differences in the canopy, ribs and fittings produced a different overall impression.
- ›The Board found that the earlier registered parasol design had been disclosed and that the minor differences identified by the holder did not outweigh the common overall structure of the canopy and supporting frame.
- ›The prior design destroyed the individual character of the contested RCD, so the appeal was dismissed.
Deciding panel
- ChairG. Humphreys
- RapporteurA. Szanyi Felkl
- MemberS. Rizzo
- RegistrarH.Dijkema
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 ↗ |
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