We are pleased to share a recent success in a Registered Community Design (RCD) invalidation case before the EUIPO.
Our client successfully challenged RCD 015065493 on the grounds of lack of individual character under Article 6 CDR.
🔍 Key Takeaways from the Decision:
📌 Disclosure of the Earlier Design: The applicant submitted an Amazon listing (ASIN B09ZV1QXL1), showing that the product was publicly available since 17/06/2022, predating the contested design’s filing on 04/07/2024. The General Court has confirmed that online retail evidence holds sufficient probative value (T-166/15, § 78), and the EUIPO accepted this proof.
📌 Designer’s Freedom: The Invalidity Division found that, in the medical patches sector, design freedom is limited only by safety and standard requirements. Apart from that, variations in shape, size, or decoration were possible. Thus, only minor differences between the contested and prior designs were insufficient to create a different overall impression.
📌 Overall Impression: The contested design and the earlier design both feature a thin, flat, star-shaped patch with rounded edges. The striking similarities in shape and proportions outweighed any minor differences. As a result, the contested design failed to create a different overall impression from the prior design.
📝 Outcome: The EUIPO invalidated RCD 015065493, confirming that it lacks individual character under Article 6(1)(b) CDR.
🚀 This case reinforces the importance of online disclosure evidence and the informed user’s perspective in design invalidation proceedings.
A great result for our client and a testament to our commitment to protecting IP rights effectively!
