Invalidity · first instance · 2018-03-19
000010387
Contested design: 001316483-0001
Outcome
The invalidity application is rejected, and the applicant must bear the holder's costs fixed at EUR 400.
Show verbatim operative text
1. The application for a declaration of invalidity of registered Community design No 001316483-0001 is rejected. 2. The applicant bears the holder’s costs, fixed at EUR 400.
CostsApplicant ordered to pay costs of €400
Parties
Applicant · invalidity challenger
Shih Chieh Hung
Taiwan (TW)
3F, No 17, Hou Street, Xindian District, New Taipei City, Taiwan (ROC)
Holder · RCD owner
Curve-Ovia PDF extraction
Belgium (BE)
Tongersesteenweg 111, 3800 Sint-Truiden, Belgium
Represented by
Prior art cited (1)
hair comb designs disclosed in a Taiwanese patent
Taiwanese patent No I 428423 · Taiwan patent publication · disclosed 2010-12-16
Legal grounds invoked
Argument summary
- ›The applicant sought invalidity for lack of novelty and individual character over a Taiwanese patent disclosure and argued that the comb design was solely dictated by technical function.
- ›The holder disputed the untranslated patent evidence, denied that the disclosure would have become known in the EU, and maintained that the prior and contested combs created different overall impressions.
- ›The Invalidity Division accepted that the patent publication was disclosed before filing, but found the compared designs not identical and held that the contested comb retained individual character.
- ›It also found the applicant had not proved that the design's essential features were solely dictated by technical function, so the invalidity application was rejected and costs were awarded against the applicant.
Deciding panel
- MemberLudmila ČELIŠOVA
- MemberGailė SAKALAITĖ
- MemberNatascha GALPERIN
Decision files
| Language | Type | Source link |
|---|---|---|
| enEnglish | original | Download original from EUIPO ↗ |
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