← Back to search
Invalidity appeal · Board of Appeal · 2024-06-06
R0554/2024-3
Contested design: 015004754-0002
CDRAppellant: applicant
Outcome
Discontinued / withdrawn
The Board takes note of the withdrawal of the appeal, closes the appeal proceedings, and orders the invalidity applicant to bear the former design holder's appeal costs.
Show verbatim operative text
1. Takes note of the withdrawal of the appeal and declares the appeal proceedings closed; 2. Orders the invalidity applicant to bear the costs incurred by the former design holder in the appeal proceedings.
CostsApplicant ordered to pay costs
Parties
Legal grounds invoked
Article 25(1)(b)Article 4(1)Article 5Article 6
Argument summary
- ›The invalidity applicant sought invalidity of the contested telephone-booth design for lack of novelty and individual character under Article 25(1)(b) CDR read with Articles 4(1), 5 and 6.
- ›The Invalidity Division rejected the invalidity application and ordered the invalidity applicant to bear costs, after which that party appealed.
- ›During the appeal the parties settled, the invalidity applicant withdrew the appeal, and the Office recorded transfer of the contested RCD from the former holder to the invalidity applicant.
- ›The Board held that the withdrawal left the appeal without purpose, closed the proceedings, and ordered the invalidity applicant to bear the former design holder's appeal costs.
Deciding panel
- ChairS. Stürmann
- RapporteurA. Pohlmann
- 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 ↗ |
Similar decisions
Ranked by shared Locarno class + shared legal grounds + matching outcome. Click a case to view full detail.
| Case | Date | Outcome | Shared grounds | Locarno | Score |
|---|---|---|---|---|---|
| R0476/2025-3 | 2025-06-05 | Other | Art 70(3) | — | 5 |
| R1723/2023-3 | 2024-09-17 | Other | Art 70(3) | — | 5 |
| R0556/2024-3 | 2024-06-06 | Other | Art 70(3) | — | 5 |
| R0555/2024-3 | 2024-06-06 | Other | Art 70(3) | — | 5 |
| R1962/2022-3 | 2023-07-25 | Other | Art 70(3) | — | 5 |
| R0523/2025-3 | 2025-07-15 | Closed without deciding on the merits | Art 70(3) | — | 4 |
| R1376/2021-3 | 2021-09-30 | Closed without decision | Art 70(3) | — | 4 |
| R1376/2021-3 | 2021-09-30 | Closed without decision | Art 70(3) | — | 4 |