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Invalidity · first instance · 2024-06-06
000122334
Contested design: 007116645-0001
CDR
Outcome
Application rejected (holder wins)
The invalidity application is rejected, and the applicant must bear the holder's fixed costs of EUR 400.
Show verbatim operative text
The application for a declaration of invalidity of registered Community design No 007116645-0001 is rejected. The applicant is ordered to bear the holder’s costs, fixed at EUR 400.
CostsApplicant ordered to pay costs of €400
Parties
Legal grounds invoked
Article 25(1)(b)Article 8(1)
Argument summary
- ›The applicant sought invalidity on the ground that all essential design features were exclusively dictated by the technical function of a concrete support for solar panels.
- ›The holder argued that the rounded inner holes or skirts reflected visual and aesthetic considerations and were not solely technically dictated.
- ›The Cancellation Division held that the applicant failed to prove that the rounded inner holes were exclusively dictated by technical function and accepted that non-technical considerations could have influenced that feature.
- ›Because at least one visible feature was not shown to be solely technically dictated, the invalidity application was dismissed and costs were awarded against the applicant.
Deciding panel
- MemberLudmila ČELIŠOVÁ
- MemberRebecca Santana Davies
- MemberElisabetta FERRARO
Decision files
| Language | Type | Source link |
|---|---|---|
| enEnglish (en) | machine translated | Download original from EUIPO ↗ |
| esSpanish | original | Download original from EUIPO ↗ |
Locarno classes
08.08
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