Invalidity · first instance · 2019-07-09
000010803
Contested design: 004069367-0001
Outcome
The invalidity application is rejected, and the applicant must pay 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 0040693670001 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
FHU Bull Dawid Rozbieckivia PDF extraction
Poland (PL)
Bajana 8, 54-129 Wrocław, Poland
Holder · RCD owner
Firma Handlowa „tm" Tomasz Filipiak
Poland (PL)
ul. Oławska 16, 50123 Wrocław, Poland
Represented by
Prior art cited (1)
knife and sheath
Polish design No 23329 · Polish Patent Office bulletin · disclosed 2017-06-30
Legal grounds invoked
Argument summary
- ›Applicant sought invalidity for lack of novelty and individual character and conflict with its earlier Polish design No 23329; it also alleged plagiarism after a cease-and-desist letter.
- ›Holder argued the Polish evidence lacked translation, the Polish design was published after the contested RCD filing date, and the contested knife had been marketed earlier online within the grace period.
- ›The Division found no solid evidence that the applicant’s design had been made available to the public before 27/06/2017, so Articles 5 and 6 CDR were not engaged against the RCD.
- ›For Article 25(1)(d), the untranslated and incomplete Polish registration materials did not establish the prior design’s exact scope of protection; the application was therefore rejected in full.
Deciding panel
- MemberLudmila ČELIŠOVÁ
- MemberBenjamin VAN BAVEL
- MemberBirgit FILTENBORG
Decision files
| Language | Type | Source link |
|---|---|---|
| enEnglish | original | Download original from EUIPO ↗ |
Locarno classes
Similar decisions
Ranked by shared Locarno class + shared legal grounds + matching outcome. Click a case to view full detail.
| Case | Date | Outcome | Shared grounds | Locarno | Score |
|---|---|---|---|---|---|
| 000106559 vs COREgravel UK Ltd | 2020-10-08 | Invalidity application rejected | Art 25(1)(b) | 08 | 8 |
| 000011138 vs HYPERTHERM, INC. | 2019-10-16 | Invalidity application rejected | Art 25(1)(b) | 08 | 8 |
| 000010997 vs AGS Sp. z o.o. | 2019-04-25 | Invalidity application rejected | Art 25(1)(b) | 08 | 8 |
| 000011036 vs GIGALI Ltd. | 2019-03-04 | Invalidity application rejected | Art 25(1)(b) | 08 | 8 |
| 000011035 vs GIGALI Ltd. | 2019-03-04 | Invalidity application rejected | Art 25(1)(b) | 08 | 8 |
| 000010745 vs LOGLI MASSIMO S.P.A. | 2018-09-26 | Invalidity application rejected | Art 25(1)(b) | 08 | 8 |
| 000011038 vs GIGALI Ltd. | 2018-07-26 | Invalidity application rejected | Art 25(1)(b) | 08 | 8 |
| 000011037 vs GIGALI Ltd. | 2018-07-10 | Invalidity application rejected | Art 25(1)(b) | 08 | 8 |