← Back to search
Other appeal · Board of Appeal · 2023-09-12
R1181/2023-3
Contested design: 008486096-0002
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 argued that the transfer had not been authorised by the true sole director of the transferor.
- ›After a deficiency notice explained that the appellant was neither the transferor nor the transferee, the appellant filed grounds but did not produce evidence proving its legal link to Nebula Asia HK.
- ›The Board held that only parties adversely affected by the recordal could appeal and that the material about the internal corporate dispute did not establish the appellant’s 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 ↗ |