European Union Trademark – Appeal Proceedings
On 26th of July 2017, The Board of Appeal issued decision regarding EUTM appeal proceedings between Distribuidora Latinoandina S.L., headquartered in Madrid, Spain (opponent) and Manfred Görg, from Niederelbert, Germany (applicant).
By an application filed on 27 July 2015, Manfred Görg (‘the applicant’) sought to register European Union Trademark for the classes 29, 30 and 31. As a consequence, on 20 November 2015, Distribuidora Latinoandina S.L. (‘the opponent’) filed an opposition against the registration of the published trade mark application for as amended goods and services. The grounds of opposition were those laid down in Article 8(1)(a) and 8(1)(b) EUTMR. The opposition was based on the earlier Spanish EUTM registration, filed on 23 November 2013 and registered on 16 May 2014 for ‘fruits and vegetables; vegetables preserved, frozen, dried and cooked; Jellies; Jams; compotes; milk coconut; edible oils and fats’ in Class 29.
After all, given that the applicant neither paid the appeal fee nor sent the statement of grounds within the established time limit, the appeal is deemed not to have been filed, pursuant to Article 60 EUTMR and Rule 49(3) CTMIR, The Board of Appeal deems the appeal not have been filed.
To find our more interesting cases for EU Trademarks, visit our website:
- Opposition against European trademark registration: http://gencs.eu/news/view/3465
- Opposition against application of a trademark registration in Europe: http://gencs.eu/news/view/3501
This Article is prepared by the EU trade mark attorney Mr. Valters Gencs, for more information contact the legal expert at info@gencs.eu
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