Other appeal · Board of Appeal · 2022-07-05
R0879/2021-3
Contested design: 007743711-0002
Outcome
The Board records the amended product indications, confirms that both design applications may proceed to registration on that basis, and notes the withdrawal of the appeal, closing the appeal proceedings.
Show verbatim operative text
1. Takes note of the amendments of the indications of product as follows: • Community Design application No 7 743 711-0001: ‘Smartphones (part of -)’, in Class 14-03 of the Locarno Classification; • Community Design application No 7 743 711-0002: ‘Smartphones’, (14-03), in Class 14-03 of the Locarno Classification; 2. Confirms that the Community Design applications Nos 7 743 711-0001 and 7 743 711-0002 may proceed to registration in accordance with the product indications as amended; 3. Takes note of the withdrawal of the appeal and declares the appeal proceedings closed.
CostsNo costs order
Parties
Applicant · invalidity challenger
Apple Inc.via PDF extraction
United States (US)
One Apple Park Way, Cupertino, California 95014, United States of America
Holder · RCD owner
No opposing holder — Other appeal · Board of Appeal.
Legal grounds invoked
Argument summary
- ›The applicant appealed the examiner’s refusal, arguing against the objection that “Electronic devices” and “Electronic devices (part of -)” were too vague as product indications.
- ›During the appeal, the rapporteur maintained the objection and invited amendment of the product indications to make the nature of the products clear.
- ›Apple amended the indications to “Smartphones (part of -)” and “Smartphones”, and the Office accepted those amendments before the appeal was withdrawn.
- ›The Board therefore treated the refusal as remedied at appeal stage, allowed the applications to proceed to registration, and closed the withdrawn appeal.
Deciding panel
- ChairG. Humphreys
- RapporteurS. Rizzo
- MemberM. Bra
- 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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