In its decision of 16 October 2015, the Third Board of Аppeal dismissed an appeal against a decision made by Invalidity Division rejecting an application for declaration of invalidity.
A.B.A S.R.L. filed an application for declaration of invalidity against registered community design No. 1 965 104 for “Spray Bottles”, owned by VESMAR 23 EOOD and represented by the team of IP Consulting Ltd.
The application for declaration of invalidity was based on the grounds in Articles 25(1)(a), (b) and (e) CDR:
A Community design may be declared invalid only in the following cases:
(a) if the design does not correspond to the definition under Article 3(a);
(b) if it does not fulfil the requirements of Articles 4 to 9;
(e) if a distinctive sign is used in a subsequent design, and Community law or the law of the Member State governing that sign confers on the right holder of the sign the right to prohibit such use.
The Invalidity Division rejects the application for declaration for invalidity and the invalidity applicant filed a notice of appeal against this decision.
As the appeal did not comply with Article 57 CDR – the appellant to submit the written statement setting out the grounds of appeal within four months after the date of notification of the contested decision – the Board held the appeal inadmissible and the decision was final.