Invalidity appeal · Board of Appeal · 2021-10-04
R1651/2020-3
Contested design: 003056449-0001
Outcome
The appeal is dismissed and the invalidity applicant is ordered to bear the design holder’s costs.
Show verbatim operative text
1. Dismisses the appeal; 2. Orders the invalidity applicant to bear the costs incurred by the design holder.
CostsApplicant ordered to pay costs
Parties
Applicant · invalidity challenger
ACTIVA Grillküche GmbHvia PDF extraction
Germany (DE)
Wilhelmstraße 10, 95100 Selb, Germany
Holder · RCD owner
TARGA GmbHvia PDF extraction
Germany (DE)
Coesterweg 45, 59494 Soest, Germany
Represented by
Prior art cited (3)
offer letter depicting a grill sent by Guangzhou Hungkay Co. Ltd. to the invalidity applicant’s employee
offer letter
Chinese utility model showing a grill
CN 204 410 600 · Chinese utility model publication · disclosed 2015-06-24
image of a grill embedded in the statement of grounds
disclosed 2016-04-05
Legal grounds invoked
Argument summary
- ›The invalidity applicant challenged the grill design for lack of novelty and individual character based mainly on Chinese utility model CN 204 410 600 and two other prior disclosures.
- ›The holder argued that the relevant prior design had been disclosed by the designer’s successor-in-title within the Article 7(2) grace period and therefore could not be relied on against the contested RCD.
- ›The Board agreed that D2 had been published within the grace period by Guangzhou Hungkay as successor-in-title of the designer, while D1 and D3 did not assist the appeal.
- ›Because D2 could not be taken into account as an obstacle to novelty or individual character, the appeal was dismissed.
Deciding panel
- ChairG. Humphreys
- RapporteurC. Negro
- MemberH. Salmi
- RegistrarH.Dijkema
Decision files
| Language | Type | Source link |
|---|---|---|
| frFrench | human translated | Download original from EUIPO ↗ |
| deDeutsch (de) | machine translated | Download original from EUIPO ↗ |
| esespañol (es) | machine translated | Download original from EUIPO ↗ |
| ititaliano (it) | machine translated | Download original from EUIPO ↗ |
| enEnglish | original | Download original from EUIPO ↗ |
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