Other appeal · Board of Appeal · 2022-05-24
R0934/2021-3
Contested design: 002631580-0001
Outcome
The request for restitutio in integrum is rejected, the appeal is deemed not to have been filed, and the appeal fee is reimbursed.
Show verbatim operative text
1. Rejects the application for restitutio in integrum; 2. Declares that the appeal is deemed not to have been filed; 3. Orders the reimbursement of the appeal fee.
CostsNo costs order
Parties
Applicant · invalidity challenger
Ceská zbrojovka a.s.via PDF extraction
Czechia (CZ)
Svatopluka Cecha 1283, 688 27 Uherský Brod, Czech Republic
Holder · RCD owner
Czech Small Armsvia PDF extraction
Czechia (CZ)
Jablunka 651, 756 23 Jabkunka, Czech Republic
Represented by
Legal grounds invoked
Argument summary
- ›After losing the invalidity case, the design holder sought restitutio in integrum for the late payment of the appeal fee and argued that a payment order had been placed with the bank.
- ›There is no opposing party in the heading, but the decision records that the invalidity application had been filed by Ceská zbrojovka a.s.
- ›The Board held that the design holder provided no adequate proof that the payment order had been duly made within the appeal period and no evidence showing that all due care had been exercised.
- ›The restitutio request was rejected, the appeal was deemed not to have been filed and the appeal fee was reimbursed.
Deciding panel
- ChairG. Humphreys
- MemberE. Fink
- MemberC. Bartos
- 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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