Invalidity · first instance · 2019-03-25
000103520
Contested design: 004366300-0001
Outcome
The invalidity application is upheld, the contested RCD is declared invalid, and the holder must pay 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 004366300-0001 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
Zheng Zeng
China (CN)
No. 28, 8th Villagers Group, Menggong Village, Menggong Town, Xinhua County, Hunan Province, People’s Republic of China
Represented by
Prior art cited (1)
Fingerlings monkey figure 'Mia' marketed by the applicant as a finger toy monkey.
YouTube review video, UK sales and shipment records, and supporting UK website articles · disclosed 2017-02-20
Legal grounds invoked
Argument summary
- ›The applicant argued that the contested monkey toy design lacked individual character because at least six earlier Fingerlings monkey designs had been disclosed and marketed before the RCD filing date.
- ›The holder filed no observations in reply and did not rebut the applicant's witness statements, online materials, videos, or UK sales evidence.
- ›The Division found the evidence sufficient to prove public disclosure of the earlier Fingerlings monkey designs under Article 7(1) CDR and compared the contested RCD with the earlier Mia variant.
- ›The Division held that colour changes and the absence of hair did not alter the overall impression of the monkey figure, so the contested RCD lacked individual character and had to be invalidated.
Deciding panel
- MemberMichele M. BENEDETTI-ALOISI
- MemberLudmila ČELIŠOVÁ
- MemberKelly BENNETT
Decision files
| Language | Type | Source link |
|---|---|---|
| enEnglish | original | Download original from EUIPO ↗ |
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