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Invalidity appeal · Board of Appeal · 2024-04-08
R1876/2022-3
Contested design: 000016407-0002
CDRAppellant: applicantRCD lapsed at decision
Outcome
Discontinued / withdrawn
The Board notes the expiry of the contested RCD, closes the invalidity and appeal proceedings, and orders the design holder to bear the related fees and costs.
Show verbatim operative text
Takes note of the expiry of the registered Community design No 16 407-0002 due to its nonrenewal; Closes the invalidity and the appeal proceedings; 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 6Article 70(1)Article 70(3)
Argument summary
- ›The invalidity applicant appealed the rejection of its invalidity action 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 being notified of its expiry.
- ›The Board found that, because the contested RCD expired during the appeal and was not renewed, the invalidity and appeal proceedings had become devoid of purpose and had to be closed.
- ›The proceedings were discontinued, and the design holder was ordered to bear the fees and costs because its non-renewal ended the case.
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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