Invalidity appeal · Board of Appeal · 2023-05-18
R1709/2022-3
Contested design: 008352355-0007
Outcome
The appeal is dismissed, and the invalidity applicant must bear the design holder's costs and fees in the invalidity and appeal proceedings.
Show verbatim operative text
Dismisses the appeal. Orders the invalidity applicant to bear the costs and fees incurred by the design holder in the invalidity and appeal proceedings.
CostsApplicant ordered to pay costs
Parties
Applicant · invalidity challenger
Fabryki Mebli "Forte" S.A.via PDF extraction
Poland (PL)
ul. Biala 1, 07-300 Ostrow Mazowiecka, Poland
Represented by
Kancelaria MTKP Tuszynski i Wspolnicy Rzecznicy Patentowi i Adwokaci sp. k.
Michal Tuszynski
Holder · RCD owner
Guangzhou Linyi Trading Co., Ltd.via PDF extraction
China (CN)
Room 501, No. 3, 5th Lane, Qishan First Street, Dayuan, Baiyun District, Guangzhou, Guangdong Province, China
Represented by
Prior art cited (1)
computer-terminal desk/table from FORTE M.O.W. catalogues
TZRB211 · FORTE M.O.W. catalogues for 2019 and 2020
Legal grounds invoked
Argument summary
- ›The invalidity applicant argued that its earlier Tezaur TZRB211 desk had been disclosed in FORTE M.O.W. catalogues distributed at a well-known furniture fair and that the contested computer-terminal table produced the same overall impression.
- ›The design holder did not file a reply before the Board.
- ›The Board held that the catalogue images and zoomed screenshot were too small and blurred to identify the prior design's features with sufficient precision, so the evidence did not amount to disclosure of a comparable prior design under Article 7(1) CDR.
- ›Without adequate disclosure there was no basis to examine novelty or individual character further, so the appeal was dismissed and costs were awarded to the design holder.
Deciding panel
- ChairG. Humphreys
- RapporteurM. Bra
- MemberH. Salmi
- 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 ↗ |