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ARTICLE · 04 MARCH 2021

Application For Declaration Of Invalidity Rejected At EUIPO

Khurana & Khurana, Advocates and IP Attorneys
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The European Union Intellectual Property Office (EUIPO) rejected an Application for Declaration of Invalidity filed against the Registered Community Design of our Client.

European UnionIntellectual Property

The European Union Intellectual Property Office (EUIPO) rejected an Application for Declaration of Invalidity filed against the Registered Community Design of our Client. Our Client, Classik International, is a Partnership Firm based in Nashik, Maharashtra, and primarily deals in pet apparel, clothes, and other pet products. They had a design for "Clothing of Pets" registered in the EUIPO since August 6, 2018. The applicant of the Invalidity Application, MPS Holding BV, a company based in the Netherland contended that our client's design lacked Novelty and Individual Character. They demanded that our Client's design registration be declared invalid for infringing their prior registered designs. The Invalidity Division of the EUIPO not only rejected the application but also awarded a cost of EUR 400 to our Client.

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