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Other appeal · Board of Appeal · 2024-09-06
R1129/2024-3
Contested design: 008740419-0002
CDRAppellant: applicantRCD lapsed at decision
Outcome
Appeal inadmissible
The appeal is deemed not to have been filed.
Show verbatim operative text(de)
Die Beschwerde gilt als nicht eingelegt.
CostsNot specified
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 57Article 35(3)
Argument summary
- ›The appellant challenged the Office notice treating the contested RCD as having no effects because the deferred-publication fee had not been paid in time.
- ›After the Boards' Registry warned that no appeal fee had been received within the appeal period, the appellant filed no observations.
- ›The Board held that an appeal is deemed filed only if the appeal fee is paid within the two-month period, which expired on 3 July 2024.
- ›Because no appeal fee was paid in time, the appeal was deemed not 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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