CLASS 99
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THURSDAY, 1 OCTOBER 2009
Getting that colander habit
In Case R 887/2008-3 Normann Copenhagen ApS v Paton Calvert Housewares Limited, 11 August 2009, OHIM's Third Board of Appeal dismissed Normann Copenhagen's appeal against the Cancellation Division's decision that the registered Community design for its lovely collapsible colander (right) was invalid since it was not new.
Tags: informed user, invalidation,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA64
Getting that colander habit
In Case R 887/2008-3 Normann Copenhagen ApS v Paton Calvert Housewares Limited, 11 August 2009, OHIM's Third Board of Appeal dismissed Normann Copenhagen's appeal against the Cancellation Division's decision that the registered Community design for its lovely collapsible colander (right) was invalid since it was not new. Of note is the Board's assessment of the identity of the 'informed user' of a colander. In case you ever wondered:
Posted by: Blog Administrator @ 23.42"27 ... The informed user against whom individual character of the contested RCD should be measured is therefore whoever habitually purchases such an item and generally kitchen utensils and puts them to its intended use and has become informed on the subject by browsing through catalogues, visiting the relevant stores, downloading information from the Internet shops, ...I wonder how many people habitually purchase colanders.
28 The informed user is generally not technically experienced or particularly interested in the technical design of colanders. He will therefore not pay attention to every detail of the device. Instead, he will undertake an overall view including inter alia the attractiveness of the design and the practicability of the device".
Tags: informed user, invalidation,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA64
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