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Other appeal · Board of Appeal · 2022-05-24
R0935/2021-3
Contested design: 006373189-0001
Appellant: holder
Outcome
Restitutio refused
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.
Czechia (CZ)
Svatopluka Cecha 1283, 688 27 Uherský Brod, Czech Republic
Represented by
Holder · RCD owner
Czech Small Arms
Czechia (CZ)
Jablunka 651, 756 23 Jabkunka, Czech Republic
Represented by
Legal grounds invoked
Article 67Article 57Article 35(3)
Argument summary
- ›After the Invalidity Division invalidated the RCD, the design holder filed an appeal but paid the appeal fee late and then sought restitutio in integrum.
- ›The design holder argued that all due care had been exercised because a payment order had been made to the bank, while the invalidity applicant remained the opposing party in the underlying invalidity dispute.
- ›The Board held that no sufficient proof of timely payment instructions or of an adequate due-care system had been produced, so the requirements for restitutio in integrum were not met.
- ›The request for restitutio 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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