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Other appeal · Board of Appeal · 2024-09-06
R1129/2024-3
Contested design: 008740419-0001
Appellant: applicant
Outcome
Appeal inadmissible
The appeal is deemed not to have been filed.
Show verbatim operative text(de)
Die Beschwerde gilt als nicht eingelegt.
CostsNo costs order
Parties
Applicant · invalidity challenger
Robert Lehmannvia PDF extraction
Germany (DE)
Bahnhofstraße 20, 49439 Steinfeld, Deutschland
Represented by
Holder · RCD owner
No opposing holder — Other appeal · Board of Appeal.
Legal grounds invoked
Article 50(4)Article 57Article 35(3)
Argument summary
- ›The sole party, recorded in applicant fields per the ex parte rule, appealed after the Office closed the file and treated the deferred Community design as never having had effect because the publication fee was not paid in time.
- ›After the notice of appeal was filed on 3 June 2024, the Registry warned that no appeal fee had been received by the 3 July 2024 deadline and invited observations; none were submitted.
- ›The Board held that under Article 57 CDR an appeal is filed only once the appeal fee is paid within the appeal period, and that Article 35(3) CDIR therefore applied.
- ›Because no appeal fee was paid, the appeal was deemed not to have been filed.
Deciding panel
- MemberE. Fink
- RegistrarH. Dijkema
Decision files
| Language | Type | Source link |
|---|---|---|
| enEnglish (en) | machine translated | Download original from EUIPO ↗ |
| frfrançais (fr) | machine translated | Download original from EUIPO ↗ |
| deGerman | original | Download original from EUIPO ↗ |
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|---|---|---|---|---|---|
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