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Invalidity appeal · Board of Appeal · 2024-04-08
R1875/2022-3
Contested design: 000016407-0001
CDRAppellant: applicantRCD lapsed at decision
Outcome
Discontinued / withdrawn
The Board noted the contested RCD's expiry, closed the invalidity and appeal proceedings, and ordered the design holder to bear the fees and costs.
Show verbatim operative text
1. Takes note of the expiry of the registered Community design No 16 407-0001 due to its non-renewal; 2. Closes the invalidity and the appeal proceedings; 3. Orders the design holder to bear the fees and costs of the invalidity and appeal proceedings.
CostsHolder ordered to pay costs
Parties
Legal grounds invoked
Article 25(1)(b)Article 4(1)Article 5Article 6
Argument summary
- ›The invalidity applicant appealed the rejection of its invalidity application based on lack of novelty and individual character under Articles 25(1)(b), 4(1), 5 and 6 CDR.
- ›The design holder filed no observations in reply and did not renew the contested RCD after its expiry on 1 April 2023.
- ›The Board found that, because the contested RCD had expired and was cancelled for non-renewal, the invalidity and appeal proceedings had become devoid of purpose.
- ›The Board closed the proceedings and ordered the design holder to bear the invalidity and appeal fees and costs.
Deciding panel
- ChairS. Stürmann
- RapporteurH. Salmi
- MemberC. Negro
- 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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