More information regarding invalidity applications can be found in the Guidelines, Examination of Design Invalidity Applications.
The application for a declaration of invalidity must be filed in the language of proceedings, which is the language used for filing the application for registering the contested Community design (language of filing), provided the language of filing is one of the five languages of the Office (Article 98 CDR; Article 29 CDIR).
If the language of filing is not one of the five languages of the Office, the language of proceedings is the second language indicated in the application for the contested Community design (Article 98(4) CDR; Article 29(1) CDIR).
For more information, please see the Guidelines on Examination of design invalidity applications.
Once a number of decisions on these matters have been reached by the EUIPO and by the competent national courts (Community design courts) or European courts, case-law will naturally and gradually be built up. This will be documented and commented on for all to consult.
To consult case-law, please use eSearch Case Law.
The questions and answers provided on this page serve a purely informative purpose and are not a legal point of reference. Please consult the European Union Trade mark and Community Design Regulations or Trade mark / Design Guidelines for further details.
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