OPPOSITION No B 2 663 766

Elisa Oyj, Ratavartijankatu 5, 00520 Helsinki, Finland (opponent), represented by Roschier Brands, Attorneys Ltd., Keskuskatu 7 A, 00100 Helsinki, Finland (professional representative)

a g a i n s t

Getio IP sp. z o.o., ul. T. Kościuszki 227, 40-600 Katowice, Poland (applicant), represented by Magdalena Krekora, ul. Górna 95, 32-091 Michałowice, Poland (professional representative).

On 12/04/2017, the Opposition Division takes the following

DECISION:

1. Opposition No B 2 663 766 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 of European Union trade mark application No 14 813 109, namely against all the goods and services in Classes 9, 35, 38, 41 and 42. The opposition is based on European Union trade mark registration No 4 923 942. The opponent invoked Article 8(1)(b) EUTMR.

XENETIC
Earlier trade mark	Contested sign

PROOF OF USE

The applicant requested that the opponent submit proof of use of the trade mark on which the opposition is based, namely European Union trade mark registration No 4 923 942.

The request was filed in due time and is admissible as the earlier trade mark was registered more than five years prior to the publication date of the contested application.

On 08/12/2016, the opponent was given two months to file the requested proof of use.

The opponent did not furnish any evidence concerning the use of the earlier trade mark on which the opposition is based. It did not argue that there were proper reasons for non-use either.

According to Rule 22(2) EUTMIR, if the opposing party does not provide such proof before the time limit expires, the Office will reject the opposition.

Therefore, the opposition must be rejected pursuant to Article 42(2) EUTMR and Rule 22(2) EUTMIR.

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

Chantal VAN RIEL

Ric WASLEY

Vita VORONECKAITĖ

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 will be deemed to be filed only when the review fee of EUR 100 (Annex I A(33) EUTMR) has been paid.