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Single product or majority of products? EUIPO decides on cancellation request

In proceedings concerning the invalidity of a registered Community design, the Invalidity Division of the EUIPO – the EU Office for the Protection of Intellectual Property – has rejected the application of a company based in Bavaria, represented by Merx Pütz Rechtsanwälte, in the first instance. The design shows different images of a shopping bag that can be attached to a shopping trolley with clips. The design is represented by three photos and three drawings, whereby one drawing does not show the bag as such, but the clip with the sewn-in bracket. The applicant was of the opinion that these were different objects, namely (at least) a shopping bag and a hanger with a clip. The hanger was depicted in detail in such a way that it could not be seen by the public because it was sewn into the bag. Merx Pütz Rechtsanwälte have lodged an appeal against the decision and hope that this fundamental issue will be clarified.