OPPOSITION No B 2 535 477

GBI AG Gesellschaft für Beteiligungen und Immobilienentwicklungen, Am Weichselgarten 11-13, 91058 Erlangen, Germany (opponent), represented by Bissel + Partner Rechtsanwälte, Nürnberger Str. 69/71, 91052 Erlangen, Germany (professional representative)

a g a i n s t

LIKO-S, a.s., U Splavu 1419, 684 01 Slavkov u Brna, Czech Republic (applicant), represented by Jindřich Špaček, Svatopluka Čecha 106A, 612 00 Brno, Czech Republic (professional representative).

On 10/11/2015, the Opposition Division takes the following

DECISION:

1. Opposition No B 2 535 477 is rejected as inadmissible.

2. The opposition fee will not be refunded.

REASONS:

The opponent filed an opposition against all the goods and services of Community trade mark application No 13 713 607 ‘SMART-i-WALL’ in classes 6, 7, 19 and 37. The opposition is based on Community trade mark registration No 9 641 523 for the word mark ‘smartment’ registered for services in classes 35, 36 and 37. The opponent invoked Article 8(1)(b) CTMR.

ADMISSIBILITY

According to Article 41(1) CTMR, the notice of opposition must be filed within a period of three months following the publication of the CTM application.

According to Rule 17(2) CTMIR, if the notice of opposition has not been filed within the opposition period, and if the deficiency has not been remedied before the expiry of the opposition period, the Office shall reject the opposition as inadmissible.

The contested Community trade mark application was published on 04/03/2015. The opposition period expired on 04/06/2015. Although the payment of the opposition fee was received on time within the opposition period, the notice of opposition was received on 08/06/2015, i.e., it was lodged after the expiry of the period of three months following the publication of the Community trade mark application against which it is directed.

The Office informed the opponent of the deficiency in its notification dated 01/07/2015. The opponent was set a time limit of two months, until 06/09/2015, to submit any comments on the matter.

The opponent did not reply within the prescribed time limit.

The opposition must therefore, be rejected as inadmissible.

Please note that the opposition fee will not be refunded. In accordance with Rule 18(5) CTMIR, the Office only refunds the opposition fee in view of a withdrawal and/or restriction of the trade mark during the cooling-off period.

The Opposition Division

Eamonn KELLY

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.