OPPOSITION No B 2 022 567

Silicium España Laboratorios, S.L., Parc Tecnològic i de Serveis l'Alba C/ Vilafortuny 23, Nave 10, 43480 Vila-Seca (Tarragona), Spain (opponent), represented by Garrigues IP, S.L.P., C/Hermosilla 3, 28001 Madrid, Spain (professional representative).

a g a i n s t

LLR-G5 Limited, Goldenmile Industrial Estate, Breaffy Road, Castlebar, Ireland (applicant), represented by Maclachlan & Donaldson, 2b Clonskeagh Square, Clonskeagh Road, Dublin D14 V0N2, Ireland (professional representative).

On 24/02/2016, the Opposition Division takes the following

DECISION:

1. Opposition No B 2 022 567 is rejected in its entirety.

2. The opponent bears the costs, fixed at EUR 300.

REASONS:

The opponent filed an opposition against all the goods of Community trade mark application No 10 424 703, namely against all the goods in Classes 1, 3, 5 and 32. The opposition is based on Community trade mark registration No 10 424 703. The opponent invoked Article 8(1)(b) and 8(5) CTMR.

LLRG5
Earlier trade mark	Contested sign

SUBSTANTIATION

According to Article 41(1)(a) CTMR, the proprietor of an earlier trade mark referred to in Article 8(2) may file an opposition to the registration of a Community trade mark application.

According to Article 8(2) CTMR, for the purposes of Article 8(1) CTMR “earlier trade marks” means Community, national or international trade marks with a date of application for registration which is earlier than the date of application for registration of the Community trade mark, taking account, where appropriate, of the priorities claimed in respect of those trade marks; applications for those trade marks, subject to their registration; or well known trade marks in the sense of Article 6bis of the Paris Convention.

The legal basis of opposition, therefore, inter alia, requires the existence of an earlier right within the meaning of Article 8(2) CTMR.

In the present case, the only earlier right on which the opposition is based, Community trade mark No 10 424 703 has been declared invalid in the judgment delivered on 16/06/2015 in the case T-306/13 (16/06/2015, T-306/13, LLRGS, EU:T:2015:382) and therefore the earlier right has ceased to exist.

On 26/11/2015, the opponent was requested to inform the Office by 01/02/2016 whether or not it maintained its opposition and that, if it did not withdraw the opposition within the prescribed time limit, the Office would issue a decision rejecting the opposition as unfounded. The opponent did not reply.

In the absence of any valid earlier right within the meaning of Article 8(2) CTMR, which can constitute a valid basis of the opposition, the opposition must be rejected as unfounded.

COSTS

According to Article 85(1) CTMR, the losing party in opposition proceedings must bear the fees and costs incurred by the other party.

Since the opponent is the losing party, it must bear the costs incurred by the applicant in the course of these proceedings.

According to Rule 94(3) and (7)(d)(ii) CTMIR, the costs to be paid to the applicant are the costs of representation which are to be fixed on the basis of the maximum rate set therein.

The Opposition Division

Plamen IVANOV

Eamonn KELLY

Solveiga BIEZA

According to Article 59 CTMR, any party adversely affected by this decision has a right to appeal against this decision. According to Article 60 CTMR, notice of appeal must be filed in writing at the Office within two months of the date of notification of this decision. Furthermore, a written statement of the grounds of appeal must be filed within four months of the same date. The notice of appeal will be deemed to be filed only when the appeal fee of EUR 800 has been paid.

The amount determined in the fixation of the costs may only be reviewed by a decision of the Opposition Division on request. According to Rule 94(4) CTMIR, such a request must be filed within one month from the date of notification of this fixation of costs and shall be deemed to be filed only when the review fee of EUR 100 (Article 2(30) CTMFR) has been paid.