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Invalidity appeal · Board of Appeal · 2023-02-22
R0593/2022-3
Contested design: 007660436-0015
CDRAppellant: applicant
Outcome
Discontinued / withdrawn
The Board notes the withdrawal of the invalidity application, closes the invalidity and appeal proceedings, and orders each party to bear its own costs.
Show verbatim operative text
1. Takes note of the withdrawal of the application for a declaration of invalidity. 2. Declares the invalidity and appeal proceedings closed. 3. Orders that each party bear its own costs.
CostsEach party bears its own costs
Parties
Applicant · invalidity challenger
Apart Sp. z o.o.via PDF extraction
Poland (PL)
Stara Droga 3, 62-002 Suchy Las, Poland
Represented by
Holder · RCD owner
Yes Biżuteria Spółka Akcyjnavia PDF extraction
Poland (PL)
Świerzawska 1, 60-321 Poznań, Poland
Represented by
Legal grounds invoked
Article 70 CDR
From EUIPO API metadata.
Argument summary
- ›The invalidity applicant had appealed the first-instance rejection of its invalidity application against the jewellery RCD.
- ›During the appeal, the parties requested suspension for settlement discussions, after which the invalidity applicant withdrew the underlying invalidity application.
- ›The Board held that the withdrawal deprived both the invalidity and appeal proceedings of purpose and that the contested first-instance decision no longer had effect.
- ›The proceedings were closed without a merits decision and each party was ordered to bear its own costs.
Deciding panel
- Registrarp.o. M. Chaleva
- —H. Salmi
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 ↗ |