Invalidity · first instance · 2019-03-04
000011036
Contested design: 003762830-0002
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 003762830-0002 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
INO-ROPE SASvia PDF extraction
France (FR)
1 Rue des Senneurs, 29900 Concarneau, France
Represented by
Holder · RCD owner
Ropeye OÜvia PDF extraction
EE
Tehnika 1-3, 10149 Tallinn, Estonia
Represented by
Margus Sarap
Prior art cited (2)
French design registration No 20165137-001 · National Institute of Industrial Property of France (INPI) bulletin · disclosed 2016-12-02
French design registration No 967333-001 · National Institute of Industrial Property of France (INPI) bulletin · disclosed 1997-05-16
Legal grounds invoked
Argument summary
- ›Applicant alleged the spacer design was solely dictated by technical function and also lacked novelty and individual character over French designs D1 and D2.
- ›Holder replied that aesthetic choices remained in the spacer's shape, thickness, angles and openings, and that the cited slogan was promotional context rather than proof of technical exclusivity.
- ›The Division accepted D1 and D2 as disclosed, but found the applicant had not proved all essential features were solely functional and identified substantial differences from the prior designs.
- ›Because the contested RCD was neither purely functional nor lacking novelty or individual character, the invalidity application was rejected and costs were awarded against the applicant.
Deciding panel
- MemberLudmila ČELISOVA
- MemberBenjamin VAN BAVEL
- MemberBirgit FILTENBORG
Decision files
| Language | Type | Source link |
|---|---|---|
| enEnglish | original | Download original from EUIPO ↗ |
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