Invalidity appeal · Board of Appeal · 2026-04-28
R1317/2025-3
Contested design: 004731347-0005
Outcome
The appeal is upheld, the contested decision is annulled, the case is remitted to the Invalidity Division for further prosecution, and each party bears its own appeal costs.
Show verbatim operative text
1. Annuls the contested decision. 2. Remits the case to the Invalidity Division for further prosecution. 3. Orders each party to bear its own costs and fees incurred in the appeal proceedings.
CostsEach party bears its own costs
Parties
Applicant · invalidity challenger
Airtechnic - Chatzoudis Etaireia Periorismenis Euthynisvia PDF extraction
GR
Nea Chalkidona, Athens, Greece
Represented by
Holder · RCD owner
D. Ellinas Factory Products Ltdvia PDF extraction
CY
Limassol, Cyprus
Represented by
Konstantina Diola
Prior art cited (1)
prior linear grille for air conditioning
P.V.C. Products 2015 · D. ELLINAS Factory Products Ltd catalogue · disclosed 2015-12-31
Legal grounds invoked
Argument summary
- ›The design holder appealed, arguing that disclosure of the 2015 catalogue was unproven and that the prior grille differed in visible divisions, slats, corner details and framing.
- ›The invalidity applicant replied that the design holder's own 2015 catalogue sufficiently proved disclosure and that any differences were minor variations within the same linear-grille layout.
- ›The Board held the catalogue was sufficient objective evidence of disclosure before 28 February 2018, and the design holder had not rebutted the Article 7(1) presumption.
- ›The Board found the extra vertical division, higher slat count and corner circles were perceptible structural differences, so the prior design was not identical and novelty under Article 5 was preserved.
- ›The appeal was allowed, the invalidity decision annulled, and the case remitted for examination of the remaining invalidity grounds, with each party bearing its own appeal costs.
Deciding panel
- ChairG. Humphreys Bacon
- RapporteurC. Bartos
- MemberA. Pohlmann
- Registrarp.o. E. Wagner
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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