Invalidity appeal · Board of Appeal · 2023-05-11
R0309/2023-3
Contested design: 008615942-0001
Outcome
The Board takes note of the withdrawal of the appeal and the invalidity request, closes both proceedings, and takes note of the parties' agreement on costs.
Show verbatim operative text
1. Takes note of the withdrawal of the appeal and the request for a declaration of invalidity and declares the invalidity and the appeal proceedings closed; 2. Takes note of the agreement on costs concluded by the parties.
CostsNot specified
Parties
Applicant · invalidity challenger
Exani Sports ABvia PDF extraction
Sweden (SE)
Skaraborgsgatan 49, SE-53230 Skara, Sweden
Represented by
Holder · RCD owner
Theorema Scandinavia ABvia PDF extraction
Sweden (SE)
Vastergatan 3, SE-289 46 Glimakra, Sweden
Represented by
Legal grounds invoked
Argument summary
- ›The invalidity applicant had sought invalidation of the contested shoes design for lack of novelty and individual character under Article 25(1)(b) CDR in conjunction with Articles 4(1), 5(1) and 6(1) CDR.
- ›The Invalidity Division rejected the invalidity application and ordered the invalidity applicant to bear the costs, after which the invalidity applicant appealed.
- ›During the appeal, the parties informed the Office that they had reached an amicable settlement, withdrew both the appeal and the invalidity request, and agreed that no decision on costs was required.
- ›The Board closed the invalidity and appeal proceedings as devoid of purpose and merely took note of the parties' costs agreement.
Deciding panel
- ChairG. Humphreys
- RapporteurA. Pohlmann
- MemberS. Rizzo
- 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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