000010890

• ›The applicant argued that only the moustache and eyelets shown in solid lines were protected and that earlier internet-disclosed moustache necklace designs destroyed novelty and individual character.
• ›The holder argued the design had to be assessed as a whole costume mask, challenged the reliability and relevance of the internet disclosures, and denied any lack of novelty or individual character.
• ›The Division held that the dotted-line glasses and chains were disclaimed, the internet disclosures were sufficiently proven and reasonably accessible to relevant EU business circles, and the prior designs formed part of the prior art.
• ›Given broad design freedom and the near identity of the moustache pendant shape, the contested design created no different overall impression and lacked individual character under Article 6.
• ›The application was upheld, the RCD was declared invalid in full, and the holder was ordered to bear the applicant’s fixed costs of EUR 750.

• MemberBenjamin VAN BAVEL
• MemberLudmila ČELIŠOVÁ
• MemberBirgit FILTENBORG

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