Invalidity · first instance · 2018-06-21
000010507
Contested design: 002404095-0001
Outcome
The invalidity application is rejected, and the applicants must bear the holder's fixed costs of EUR 400.
Show verbatim operative text
1. The application for a declaration of invalidity of registered Community design No 002404095-0001 is rejected. 2. The applicants bear the holder’s costs, fixed at EUR 400.
CostsApplicant ordered to pay costs of €400
Parties
Applicant · invalidity challenger
BVBA Trafluxvia PDF extraction
Belgium (BE)
Europark 1003, 3530 Houthalen – Helchteren, Belgium
Holder · RCD owner
Molok OYvia PDF extraction
Finland (FI)
PL 90, 37101 Nokia, Finland
Represented by
Prior art cited (6)
Semi-underground waste containers shown in printouts from various websites of other operators.
Article on the holder's website allegedly showing the design.
holder website · disclosed 2012-10-02
Article on the holder's website allegedly showing the design.
holder website · disclosed 2011-06-01
Article on the holder's website allegedly showing the design.
holder website · disclosed 2008-04-02
Holder catalogues marked for internal use only and not to be shown to customers.
holder catalogues
Price list and product information for Engels products.
Engels price list · disclosed 2012-08-06
Legal grounds invoked
Argument summary
- ›Applicants sought invalidity for lack of novelty and individual character, and also invoked Article 25(1)(f), arguing similar waste containers had long been marketed before filing.
- ›The holder filed no observations in reply.
- ›The Division found the evidence unreliable or unusable because sources and dates were missing, some materials were untranslated, catalogues were confidential, and some images were too poor for comparison.
- ›The Article 25(1)(f) claim was treated as unsubstantiated and inadmissible, and the invalidity application was rejected for failure to prove prior disclosure under Article 7(1) CDR.
Deciding panel
- MemberLudmila ČELIŠOVÁ
- MemberGailė SAKALAITĖ
- MemberAlvaro SESMA MERINO
Decision files
| Language | Type | Source link |
|---|---|---|
| enEnglish | original | Download original from EUIPO ↗ |
Locarno classes
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