Other appeal · Board of Appeal · 2022-05-24
R0936/2021-3
Contested design: 006763140-0001
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
Represented by
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 the Invalidity Division declared the design invalid, the design holder appealed but failed to pay the appeal fee on time and then sought restitutio in integrum.
- ›The design holder claimed that a payment order had been given to its bank and that this showed all due care in relation to the missed appeal-fee deadline.
- ›The Board held that those assertions were unsupported by sufficient evidence and did not establish that all due care required by the circumstances 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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