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Invalidity appeal · Board of Appeal · 2026-06-03
R0630/2026-3
Contested design: 009021066-0001
CDRAppellant: holder
Outcome
Appeal inadmissible
The appeal is deemed not to have been filed and the appeal fee is to be reimbursed to the design holder.
Show verbatim operative text
1. Declares that the appeal is deemed not to have been filed. 2. Orders the reimbursement of the appeal fee.
CostsNot specified
Parties
Applicant · invalidity challenger
Ningning Livia PDF extraction
China (CN)
Qinghe Town, Yutai County, Shandong Province, China
Represented by
Holder · RCD owner
Shanghai Kenda Industrial Co., Ltd.via PDF extraction
China (CN)
Shanghai, China
Represented by
Legal grounds invoked
Article 57
Argument summary
- ›The design holder filed a notice of appeal on 15 April 2026 against a 9 February 2026 invalidity decision, having missed the two-month deadline which expired on 14 April 2026.
- ›The Registry notified the holder of the late filing and invited comments; the holder did not reply.
- ›The Board applied Article 57 EUDR: since the appeal fee was not paid within the two-month period running from deemed notification on 14 February 2026, the appeal is deemed not to have been filed.
- ›No substantive merits were assessed; the appeal fee is to be refunded; the first-instance costs order remains final.
Deciding panel
- ChairG. Humphreys Bacon
- RapporteurE. Fink
- MemberA. Pohlmann
- RegistrarK. Zajfert
Decision files
| Language | Type | Source link |
|---|---|---|
| enEnglish | original | Download original from EUIPO ↗ |
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