Invalidity · first instance · 2018-04-27
000010738
Contested design: 003465947-0002
Outcome
The invalidity application is rejected, and the applicant must pay the holder's costs fixed at EUR 400.
Show verbatim operative text
The application for a declaration of invalidity of registered Community design No 003465947-0002 is rejected. The applicant bears the holder’s costs, fixed at EUR 400.
CostsApplicant ordered to pay costs of €400
Parties
Applicant · invalidity challenger
Tam Enterprises Limited
United Kingdom (GB)
Stalham Business Park, Rushenden Road, Queenborough ME11 5HE, United Kingdom
Represented by
Holder · RCD owner
Unicorn Cosmetics Limited
United Kingdom (GB)
Unit 8, Lakeside Park, Neptune Close, Rochester ME2 4LT, United Kingdom
Represented by
Prior art cited (1)
printout headed 'tartecosmetics' showing cosmetic brushes
disclosed 2016-09-14
Legal grounds invoked
Argument summary
- ›Applicant argued that the contested cosmetic-brush design lacked novelty and individual character because an earlier similar design had been disclosed online before filing.
- ›Holder replied that the applicant's evidence was insufficient to prove any earlier disclosure.
- ›The Division held that Article 7 disclosure must be proved by solid, objective, and credible evidence assessed in light of its source and reliability.
- ›The submitted printout did not reliably show an Instagram source, publisher, or publication date, and the image quality was too poor to assess all brush details.
- ›Because prior disclosure was not proved, the invalidity application was rejected and the applicant was ordered to pay the holder's fixed costs.
Deciding panel
- MemberGailė SAKALAITĖ
- MemberLudmila ČELIŠOVÁ
- MemberBenjamin VAN BAVEL
Decision files
| Language | Type | Source link |
|---|---|---|
| enEnglish | original | Download original from EUIPO ↗ |
Locarno classes
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