OPPOSITION No B 2 628 009

Rodisma-Med Pharma GmbH, Kölner Str. 48, 51149 Köln, Germany (opponent),

a g a i n s t

Vargas Marcas E Participações LTDA, Embaixador Abelardo Bueno Avenue 199, Rio de Janeiro 22775-040, Brazil (applicant), represented by Gonçalo De Magalhães Moreira Rato, Rua D. Francisco Manuel de Melo, 21, 1070-085 Lisboa, Portugal (professional representative).

On 15/12/2016, the Opposition Division takes the following

DECISION:

1. Opposition No B 2 628 009 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 and services in Classes 3, 16 and 35 of European Union trade mark application No 13 885 017 . The opposition is based on German trade mark registration No 30 041 346 for the word ‘Natu-cor’. The opponent invoked Article 8(1)(a) and (b) EUTMR.

The Office informed the opponent of a deficiency in its notification dated 18/01/2016. The opponent was set a time limit of two months, until 23/03/2016, to remedy the deficiency, namely to provide the list of the goods and services on which the opposition is based in the language of the proceedings.

The opponent did not reply within the prescribed time limit.

On 29/03/2016 the opponent submitted evidence of its earlier right, that is, only after the expiry of the abovementioned time limit and the deficiency was not remedied.

The opposition must therefore, be rejected as inadmissible.

COSTS

According to Article 85(1) EUTMR, 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 Rule 94(7)(d)(ii) EUTMIR, 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

Loreto URRACA LUQUE

According to Article 59 EUTMR, any party adversely affected by this decision has a right to appeal against this decision. According to Article 60 EUTMR, notice of appeal must be filed in writing at the Office within two months of the date of notification of this decision. It must be filed in the language of the proceedings in which the decision subject to appeal was taken. 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 720 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) EUTMIR, 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 (Annex I A(33) EUTMR) has been paid.