Registered Community designs (RCDs) protect the shape and appearance of new products across the whole of the EU. However, RCDs only came into effect on 1 April 2003, which means that the body of case law concerning aspects of RCDs such as individual character is still developing. Since national court decisions on RCDs are rare, decisions by the EUIPO’s Invalidity Division provide a valuable source of information on how the validity of an RCD is interpreted. This blog covers invalidity decisions issued by the EUIPO during the fourth quarter of 2019, from 1 October 2019 to 31 December 2019. Our previous blog covering the third quarter of 2019 can be found here.
A recent decision of the UK IPO in opposition proceedings illustrates the need to be able to supply appropriate and adequate evidence of use if an Opponent relies on an earlier right which has been registered for more than 5 years. It also serves as a reminder that you will not be awarded costs even if you are the winning party, unless you actually ask for them!