Invalidity · first instance · 2019-06-25
000103219
Contested design: 002275230-0001
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 002275230-0001 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
BVG Group Ltd
United Kingdom (GB)
Units 5 & 6, Industrial Estate, Brecon, Powys, LD3 8LA, United Kingdom
Holder · RCD owner
Forest Garden Limited
United Kingdom (GB)
Units 291 & 296, Hartlebury Trading Estate, Hartlebury, Worcestershire, DY10 4JB, United Kingdom
Represented by
Prior art cited (4)
copy of a page from a book
book
photograph of a product referred to as 'Mercia tall greenhouse 2010'
photograph referred to as 'The shop - bought 4-door set circa 1999'
photograph referred to as '2-DOOR GEORGIAN DOORSET (CIRCA 1999)'
Legal grounds invoked
Argument summary
- ›The applicant claimed the contested greenhouse design lacked novelty and individual character over four earlier designs and that its features were solely dictated by technical function.
- ›The holder argued the cited prior designs were not properly disclosed, the contested RCD remained new and individually characterful, and its features were not chosen solely for technical reasons.
- ›The Division found the applicant had not proven that all essential features were solely technically dictated and had not provided solid, objective evidence of prior disclosure for D1 to D4.
- ›The invalidity grounds under Articles 5, 6, and 8(1) failed, so the application was rejected and costs were awarded against the applicant.
Deciding panel
- MemberNatascha GALPERIN
- MemberGailė SAKALAITĖ
- MemberBirgit FILTENBORG
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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