EU Trade Mark – Opposition proceeding
On 27th of November 2014, the Spanish applicant VIDAL GOLOSINAS, S.A. sought to register an EUTM for goods and services in classes 29, 30 and 35. Briefly those classes are relevant to products like jellies, sweets, caramels, potato chips, popcorns, snacks and etc.
Later on, an opposition was filed on 9th of April 2015 by the opponent Kaufland Warenhandel GmbH & Co. KG from Germany. The grounds of it laid down in the EUTM Regulation. The text of Art. 8 (1) (b) of the regulation indicates for prohibition of registering of EU trade marks, if because of its identity with, or similarity to, the earlier EU trade mark there exists a likelihood of confusion on the part of the public in the territory in which the earlier EU trade mark is protected.
As a consequence, the Opposition Division partially refused the registration of the EUTM of the Spanish applicant. Therefore an appeal was filed against the contested decision by the applicant and basically the arguments pointed Opposition Division took the wrong public into consideration, since earlier EUTM is not used at all out of Germany.
The Board of Appeal found the appeal for admissible and took into consideration the proof of use, the distinctive character of the earlier EU trade mark, the similarity of the goods and the signs.Thus, the final decision of the Board of Appeals annuls the contested decision to the extend it upheld the opposition, rejects the opposition in its entirety and allows the EUTM applied for to proceed to registration and orders the respondent to bear the costs.
To find out additional case law for EU trade marks, visit the website of the International Law Firm Valters Gencs at http://gencs.eu/ and similar cases here:
- Opposition against application of a trademark registration in Europe http://gencs.eu/news/view/3501 ;
- Opposition against European trademark registration - http://gencs.eu/news/view/3465
This Article is prepared by the EU trade mark attorney Mr. Valters Gencs, for more information contact the legal expert at firstname.lastname@example.org
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