Invalidity appeal · Board of Appeal · 2026-03-05
R1283/2025-3
Contested design: 000050117-0001
Outcome
The appeal is dismissed and the invalidity applicant must bear the design holder's costs for the invalidity and appeal proceedings, fixed at EUR 900.
Show verbatim operative text
1. Dismisses the appeal. 2. Orders the invalidity applicant to bear the costs incurred by the design holder in the invalidity and appeal proceedings, which are fixed at EUR 900.
CostsApplicant ordered to pay costs of €900
Parties
Applicant · invalidity challenger
Jiangsu Sanjo Intelligent Technology co., LTD.via PDF extraction
China (CN)
Changzhou, Jiangsu, China
Represented by
Holder · RCD owner
Thetford LLCvia PDF extraction
United States (US)
Wilmington, United States
Represented by
Legal grounds invoked
Argument summary
- ›The invalidity applicant appealed, arguing that inconsistent views and disclaimers prevented the contested design from clearly disclosing one unitary toilet bench under Article 3(a).
- ›The design holder replied that any discrepancies were minor perspective effects in 2003 drawings and that the disclaimed features remained consistently excluded.
- ›The Board held that the seven registered views were sufficiently clear and coherent, with only minor reconcilable variations that did not alter the perception of a single product.
- ›The Board confirmed that the contested EUD met the definition of a design, rejected the invalidity arguments, and dismissed the appeal with costs against the applicant.
Deciding panel
- ChairG. Humphreys Bacon
- MemberA. Pohlmann
- MemberS. Rizzo
- RegistrarK. Zajfert
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 ↗ |
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