Invalidity · first instance · 2019-03-25
000011064
Contested design: 004495281-0002
Outcome
The invalidity application is upheld, the contested RCD is declared invalid, and the holder must pay the applicant's fixed costs of EUR 750.
Show verbatim operative text
The application for a declaration of invalidity is upheld. Registered Community design No 004495281-0002 is declared invalid. 3. The holder bears the applicant’s costs, fixed at EUR 750.
CostsHolder ordered to pay costs of €750
Parties
Applicant · invalidity challenger
Allergan Holdings France SAS
France (FR)
12, Place de la Defense, 92400 Courbevoie, France
Represented by
Holder · RCD owner
Dermavita Company ltdvia PDF extraction
LB
Corniche Mazraa, General Street, Al Jichy Building (Lebanon Gulf Bank) – 4th Floor, Beirut, Lebanon
Represented by
Krasimira Kadieva
Prior art cited (1)
logos; graphic symbols; surface patterns; ornamentation
Community design No 002689687-0001 · Office designs bulletin · disclosed 2015-05-06
Legal grounds invoked
Argument summary
- ›The applicant sought invalidity for lack of novelty and individual character, relying mainly on the holder's earlier Community design No 002689687-0001 and additional absolute and earlier-right grounds.
- ›The holder argued the informed user was highly attentive, minor differences in wording and layout were enough, and the case should be stayed because related trade mark and invalidity proceedings were pending.
- ›The Division refused a stay, treated the earlier published Community design as disclosed under Article 7(1), and found designer freedom for logos was broad.
- ›It held the added 'BEAUTY TOOLS' rectangle played a secondary role, so the contested design created the same overall impression as the earlier design and lacked individual character.
- ›The application was upheld, the contested RCD was declared invalid, and the holder was ordered to pay costs.
Deciding panel
- MemberMichele M. BENEDETTI-ALOISI
- MemberLudmila ČELIŠOVÁ
- MemberÁlvaro SESMA MERINO
Decision files
| Language | Type | Source link |
|---|---|---|
| enEnglish | original | Download original from EUIPO ↗ |
Locarno classes
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