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Restitutio in integrum · 2022-02-09
R1204/2021-3
Contested design: 000391826-0001
CDRRCD lapsed at decision
Outcome
Restitutio refused
The appeal is dismissed.
Show verbatim operative text
Dismisses the appeal.
CostsNo costs order
Parties
Applicant · invalidity challenger
Pedro Manuel Pereira de Matosvia PDF extraction
Portugal (PT)
Pç. Professor José Carvalho Mesquita, º1, 4ºB, 2560-299 Torres Vedras, Portugal
Represented by
Holder · RCD owner
No opposing holder — Restitutio in integrum.
Legal grounds invoked
Article 67
Argument summary
- ›The RCD holder sought restitutio in integrum after missing the renewal deadline, blaming a software bug, a ransomware attack, and failure to receive the Office's renewal notice.
- ›It argued that its representative's automated docketing system had always functioned properly and that the combined technical failures were exceptional and unforeseeable.
- ›The Board held that all due care had not been shown because no reliable double-checking, follow-up, or proven internal control system was demonstrated and the asserted ransomware incident was unsupported by evidence.
- ›The appeal was dismissed and restitutio in integrum remained refused, so the lapsed RCD was not reinstated.
Deciding panel
- ChairG. Humphreys
- MemberE. Fink
- MemberS. Rizzo
- Registrarp.o. R. Vidal
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 ↗ |