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Invalidity appeal · Board of Appeal · 2024-11-13
R1101/2024-3
Contested design: 008165971-0001
CDRAppellant: applicant
Outcome
Appeal inadmissible
The appeal is dismissed as inadmissible, and the invalidity applicant must bear the design holders' costs.
Show verbatim operative text
Dismisses the appeal as inadmissible; Orders the invalidity applicant to bear the costs incurred by the design holders.
CostsApplicant ordered to pay costs
Parties
Applicant · invalidity challenger
Evaline Sp. z o.o.via PDF extraction
Poland (PL)
ul. Zamknieta 10/1.6, 30-554 Krakow, Poland
Represented by
Clare Cornell
Holder · RCD owner
Sergiy Fatkulayevvia PDF extraction
Poland (PL)
Ząbkowska 18/58, 03-735 Warszawa, Poland
Represented by
Daniel Kurdubski
Legal grounds invoked
Article 57Article 35(1)
Argument summary
- ›The invalidity applicant appealed the rejection of its invalidity application but only said that grounds would follow.
- ›The design holders made no recorded admissibility submissions, and the appellant did not answer the Registry’s deficiency letter about the missing grounds.
- ›The Board found that no statement of grounds was filed within four months of notification, so Article 57 CDR was not satisfied.
- ›The appeal was rejected as inadmissible, the appellant was ordered to bear appeal costs, and the first-instance decision became final.
Deciding panel
- ChairS. Stürmann
- RapporteurC. Negro
- MemberA. Pohlmann
- RegistrarH. Dijkema
Decision files
| Language | Type | Source link |
|---|---|---|
| deGerman | human translated | Download original from EUIPO ↗ |
| esSpanish | human translated | Download original from EUIPO ↗ |
| frFrench | human translated | Download original from EUIPO ↗ |
| itItalian | human translated | Download original from EUIPO ↗ |
| enEnglish | original | Download original from EUIPO ↗ |
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