Invalidity · first instance · 2019-03-22
000103519
Contested design: 004370740-0001
Outcome
The invalidity application is upheld, the contested RCD is declared invalid, and the holder must bear the applicant's costs fixed at EUR 750.
Show verbatim operative text
The application for a declaration of invalidity is upheld. Registered Community design No 004370740-0001 is declared invalid. The holder bears the applicant’s costs, fixed at EUR 750.
CostsHolder ordered to pay costs of €750
Parties
Applicant · invalidity challenger
WowWee Group Limited
Hong Kong (HK)
Energy Plaza, Unit 301-C, 92 Granville Road, Tsim Sha Tsui East, Kowloon, Hong Kong Special Administrative Region of the People’s Republic of China
Represented by
Holder · RCD owner
Shuixiang Qiu
China (CN)
No. 26, Xiajiang Ziran Village, Group 2, Juyuan Village, Chengjiang Town, Taihe County, Jian City, Jiangxi Province, People’s Republic of China
Represented by
Prior art cited (1)
Fingerlings monkey figure Zoe toy
Fingerlings Zoe · UK blogs, YouTube, Amazon offers, and UK sales evidence · disclosed 2017-03-06
Legal grounds invoked
Argument summary
- ›The applicant argued the contested monkey-finger toy design had been anticipated by earlier Fingerlings monkey figures, especially Zoe, and lacked novelty and individual character.
- ›The holder filed no response to the invalidity application.
- ›The Division accepted the combined website, YouTube, invoice, shipment, and witness evidence as sufficient proof that the Zoe design had been disclosed before filing.
- ›It found the prior Zoe design disclosed all essential features of the contested RCD, so the designs were identical and novelty was destroyed.
- ›The application was upheld, the RCD was declared invalid, and the holder was ordered to pay EUR 750 in costs.
Deciding panel
- MemberMichele M. BENEDETTI-ALOISI
- MemberLudmila ČELIŠOVÁ
- MemberKelly BENNETT
Decision files
| Language | Type | Source link |
|---|---|---|
| esespañol (es) | machine translated | Download original from EUIPO ↗ |
| frfrançais (fr) | machine translated | Download original from EUIPO ↗ |
| ititaliano (it) | machine translated | Download original from EUIPO ↗ |
| enEnglish | original | Download original from EUIPO ↗ |
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