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Incorporation of Prior Designs

Incorporation of Prior Designs. Martin Schlötelburg, Designs Service, OHIM Alicante, 24 January 2012. prior registered design. RCD 625702-0001. Decisions of the Invalidity Division, 23 July 2008 (ICD 3960). prior registered design. RCD 573993-0003.

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Incorporation of Prior Designs

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  1. Incorporation of Prior Designs Martin Schlötelburg, Designs Service, OHIM Alicante, 24 January 2012

  2. prior registered design RCD 625702-0001 Decisions of the Invalidity Division, 23 July 2008 (ICD 3960)

  3. prior registered design RCD 573993-0003 Decisions of the Invalidity Division, 6 July 2010 (ICD 7036)

  4. Article 25(1)(d) CDR allows cancellation of a later RCD where it is “in conflict” with a prior registered design. Article 25(1)(d) CDR is to be interpreted as providing specific protection for prior designs also in cases where the prior design has been made available to the public prior to the date of filing of the application of the CDR (or, if a priority is claimed, the date of priority of the CDR. (Decision of the Board of Appeal R1702/2010-3 of 12 July 2011)

  5. Thank you for your attention

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