Invalidity · first instance · 2024-05-27
000124155
Contested design: 015006421-0001
Outcome
The invalidity application is upheld, the contested RCD is declared invalid, and the holder must pay EUR 750 in costs.
Show verbatim operative text
1. The application for a declaration of invalidity is upheld. 2. Registered Community design No 015006421-0001 is declared invalid. 3. The holder bears the costs, fixed at EUR 750.
CostsHolder ordered to pay costs of €750
Parties
Applicant · invalidity challenger
Cixi Honeyway Baby Products Co., LTDvia PDF extraction
China (CN)
No. 1118, Suntang South Road (South Section), Henghe Town, Cixi City, Zhejiang, 315318, China
Represented by
Holder · RCD owner
Fujian Besrey Technology Co., Ltd.
China (CN)
Stiger Building, No. 87 Gaoxin Avenue, Shangjie Town, Minhou County, Fuzhou City, Fujian 350109, China
Represented by
Ákos Süle
Prior art cited (1)
baby carrier backpack disclosed through sale and shipment documents
Invoice No. 200081 / WK1733 Dorsal · invoice and transport documents to France · disclosed 2020-02-15
Legal grounds invoked
Argument summary
- ›The applicant argued that the contested baby-carrier design lacked novelty and individual character because its own earlier design had already been sold and disclosed before the filing date.
- ›The holder filed no observations in response to the invalidity application.
- ›The Division accepted the invoice and matching transport documents as sufficient proof that the earlier design was disclosed to the public before the contested filing date.
- ›Comparing the designs from the informed user's perspective, the Division found only minor differences, notably colour, and held that the same overall impression was produced.
- ›The application was upheld, the contested design was declared invalid, and costs were awarded against the holder.
Deciding panel
- MemberLudmila ČELIŠOVÁ
- MemberElisabetta FERRARO
- MemberRebecca SANTANA DAVIES
Decision files
| Language | Type | Source link |
|---|---|---|
| deDeutsch (de) | machine translated | Download original from EUIPO ↗ |
| 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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