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Other appeal · Board of Appeal · 2023-09-12
R1180/2023-3
Contested design: 008525810-0001
Appellant: applicant
Outcome
Appeal inadmissible
The appeal is dismissed as inadmissible because the appellant did not establish that it was adversely affected by the transfer recordal.
Show verbatim operative text
Dismisses the appeal as inadmissible.
CostsNot specified
Parties
Applicant · invalidity challenger
Beijing Nebula Data Technology Co., Ltd.via PDF extraction
China (CN)
Room 403, 4/F, Building 1, 138 Changhua Road, Haidian District, Beijing, China
Represented by
Holder · RCD owner
No opposing holder — Other appeal · Board of Appeal.
Legal grounds invoked
Article 56Article 35(1)
Argument summary
- ›The appellant challenged the recordal transferring ownership of the design from Nebula Asia (Hong Kong) Limited to Supernova Accelerator Limited and said the transfer had not been authorised by the true sole director of the transferor.
- ›After the Registry warned that the notice of appeal was deficient because the appellant was neither the transferor nor the transferee, the appellant filed grounds but did not prove its legal relationship with Nebula Asia HK.
- ›The Board held that only parties adversely affected by the recordal could appeal and that the submitted evidence about the directorship dispute did not show that Beijing Nebula Data Technology had suffered the required distinct change in legal position.
- ›The appeal was therefore dismissed as inadmissible.
Deciding panel
- ChairG. Humphreys
- MemberS. Rizzo
- 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 ↗ |