Invalidity appeal · Board of Appeal · 2025-06-23
R1156/2024-3
Contested design: 002249763-0012
Outcome
The appeal is dismissed, and the design holder must bear the invalidity applicant's costs and fees in the invalidity and appeal proceedings.
Show verbatim operative text
1. Dismisses the appeal. 2. Orders the design holder to bear the costs and fees incurred by the invalidity applicant in the invalidity and appeal proceedings.
CostsHolder ordered to pay costs
Parties
Applicant · invalidity challenger
ТОП ТЕНvia PDF extraction
Bulgaria (BG)
ul. Zhelezarska no. 9, 4000 Plovdiv, Bulgaria
Represented by
Stoyan Sirakov
Holder · RCD owner
DOORS BULGARIA EOODvia PDF extraction
Bulgaria (BG)
j.k. "Pobeda", bl. 9, floor 2, app. 10, 9000 Varna, Bulgaria
Represented by
Kostadin Manev
Prior art cited (1)
MDF glazed door
Vesta Logistics EOOD brochure · disclosed 2010-05-03
Legal grounds invoked
Argument summary
- ›The design holder appealed, sought suspension under Article 91(2), and argued the Vesta Logistics brochure was unreliable and did not prove prior disclosure.
- ›The invalidity applicant opposed suspension, said the Sofia City Court proceedings had been stayed in favour of the Office, and maintained the third-party brochure reliably disclosed the prior door in 2010.
- ›The Board refused suspension because the national court had finally stayed its case in favour of the Office and the appeal could therefore continue.
- ›The Board held the brochure was credible, professional third-party evidence of disclosure before 5 June 2013; because the individual-character findings were not challenged, the appeal was dismissed.
Deciding panel
- ChairG. Humphreys Bacon
- RapporteurA. Pohlmann
- MemberC. Negro
- RegistrarH. Dijkema
Decision files
| Language | Type | Source link |
|---|---|---|
| frFrench | human translated | Download original from EUIPO ↗ |
| deDeutsch (de) | machine translated | Download original from EUIPO ↗ |
| esespañol (es) | machine translated | Download original from EUIPO ↗ |
| ititaliano (it) | machine translated | Download original from EUIPO ↗ |
| enEnglish | original | Download original from EUIPO ↗ |
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|---|---|---|---|---|---|
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