CLASS 99
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WEDNESDAY, 27 MAY 2015
EU umbrella designs, US prior art and the informed user
Tags: Community designs, informed user, prior art,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA654
EU umbrella designs, US prior art and the informed user
Joined Cases T-22/13 and T-23/13 Senz Technologies v OHIM - Impliva (Parapluies) is an interesting ruling in an appeal against the invalidity of two registered Community designs for umbrellas. In short, while European umbrella makers are expected to know about designs for umbrellas in a major jurisdiction like the United States, and will be taken to have an idea of umbrella designs that were the subject of published US design patent applications, an earlier design appearing in a US patent will not invalidate the later EU registration if the latter makes a different impression on the informed user.
There's a fairly detailed note on this decision by Valentina Torelli on the IPKat weblog, here.
Posted by: Blog Administrator @ 13.12Tags: Community designs, informed user, prior art,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA654
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