CLASS 99
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MONDAY, 25 JANUARY 2010
European Court of First Instance design appeals
There are now 125 design decisions of the OHIM Boards of Appeal reported on OHIM's website. An appeal lies to the General Court (as the Court of First Instance is now known after the Lisbon Treaty). Thus far, for designs, however, only 7 of 125 appear to have been appealed - a remarkably low figure (even allowing for some delay in listing appeals on the OHIM site). What is going on? Are parties happy that OHIM has got it right, is CFI procedure intimidating and expensive, or are designs simply not worth the money and the wait?
Here are the "magnificent seven" design appeals listed by OHIM so far:
Appeal Nš: R1323/2008-3 Date: 14/10/09
Application Nš: 4885
RCD: Ornamentation
Language: ES
CFI: T-0513/09
Appeal Nš: R1411/2007-3 Date: 07/07/08
Application Nš:
RCD: (flacons)
Language: FR
CFI: T-0450/08
Appeal Nš: R1437/2006-3 Date: 11/02/08
Application Nš:
RCD: communications equipment
Language: EN
CFI: T-0153/08
Appeal Nš: R1352/2006-3 Date: 31/01/08
Application Nš:
RCD: instruments for writing
Language: EN
CFI: T-0148/08
Appeal Nš: R1337/2006-3 Date: 08/10/07
Application Nš:
RCD: Internal-combustion engine
Language: EN
CFI: T-0010/08
Appeal Nš: R1380/2006-3 Date: 08/10/07
Application Nš:
RCD: Internal-combustion engine
Language: EN
CFI: T-0011/08
Appeal Nš: R1001/2005-3 Date: 27/10/06
Application Nš: 74463-0001
RCD: metal rappers
Language: EN
CFI: T-0009/07
What should we expect of these? CFI statistics show that IP cases (OHIM appeals) now make up a third of its workload. The Court has become pretty acclimatised to trade mark cases, and pursues a similar line to OHIM, so that the reversal rate is low - 12% in 2008. Perhaps low expectations are the real reason for the low design appeal rate. Posted by: David Musker @ 11.04
Tags: appeal, cfi, OHIM, RCD,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA83
European Court of First Instance design appeals
There are now 125 design decisions of the OHIM Boards of Appeal reported on OHIM's website. An appeal lies to the General Court (as the Court of First Instance is now known after the Lisbon Treaty). Thus far, for designs, however, only 7 of 125 appear to have been appealed - a remarkably low figure (even allowing for some delay in listing appeals on the OHIM site). What is going on? Are parties happy that OHIM has got it right, is CFI procedure intimidating and expensive, or are designs simply not worth the money and the wait?
Here are the "magnificent seven" design appeals listed by OHIM so far:
Appeal Nš: R1323/2008-3 Date: 14/10/09
Application Nš: 4885
RCD: Ornamentation
Language: ES
CFI: T-0513/09
Appeal Nš: R1411/2007-3 Date: 07/07/08
Application Nš:
RCD: (flacons)
Language: FR
CFI: T-0450/08
Appeal Nš: R1437/2006-3 Date: 11/02/08
Application Nš:
RCD: communications equipment
Language: EN
CFI: T-0153/08
Appeal Nš: R1352/2006-3 Date: 31/01/08
Application Nš:
RCD: instruments for writing
Language: EN
CFI: T-0148/08
Appeal Nš: R1337/2006-3 Date: 08/10/07
Application Nš:
RCD: Internal-combustion engine
Language: EN
CFI: T-0010/08
Appeal Nš: R1380/2006-3 Date: 08/10/07
Application Nš:
RCD: Internal-combustion engine
Language: EN
CFI: T-0011/08
Appeal Nš: R1001/2005-3 Date: 27/10/06
Application Nš: 74463-0001
RCD: metal rappers
Language: EN
CFI: T-0009/07
What should we expect of these? CFI statistics show that IP cases (OHIM appeals) now make up a third of its workload. The Court has become pretty acclimatised to trade mark cases, and pursues a similar line to OHIM, so that the reversal rate is low - 12% in 2008. Perhaps low expectations are the real reason for the low design appeal rate. Posted by: David Musker @ 11.04
Tags: appeal, cfi, OHIM, RCD,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA83
MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.
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