OPPOSITION Nо B 2 754 847

 

Anbo International Ltd, 7&8&17, Central Trading Estate, Marine Parade, SO14 5JP Southampton, United Kingdom (opponent)

 

a g a i n s t

 

Carpetright Ltd, Purfleet Bypass, RM19 1TT Purfleet, United Kingdom (applicant), represented by HGF Ltd, 8th Floor, 140 London Wall, EC2Y 5DN London, United Kingdom (professional representative) and HGF BV, Gedempt Hamerkanaal 147, 1021 KP Amsterdam, Netherlands (professional representative).

On 19/05/2021, the Opposition Division takes the following

 

 

DECISION:

 

 

1.	Opposition No B 2 754 847 is rejected as inadmissible.

 

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

 

REASONS

 

On 18/08/2016, the opponent filed an opposition against all the goods and services of European Union trade mark application No 15 405 905 ‘EMPEROR’ (word mark), namely against all the goods and services in Classes 19, 27, and 37. The opposition is based on European Union trade mark registration No 13 402 292 ‘EMPEROR’ (word mark). The opponent invoked Article 8(1)(a) and (b) EUTMR.

 

 

ADMISSIBILITY

 

According to Article 92(2) EUTMR ((in the version in force at the time of filing of the opposition, now Article 119(2) EUTMR), natural or legal persons not having either their domicile or their principal place of business or a real and effective industrial or commercial establishment in the EEA must be represented before the Office in accordance with Article 93(1) EUTMR ((in the version in force at the time of filing of the opposition, now Article 120(1) EUTMR) in all proceedings established by the EUTMR, other than the filing of an application for a European Union trade mark.

 

In the present case, on 05/06/2019 (i.e. after the expiration of the ‘cooling-off’ period and the commencement of the adversarial part), the representative of the opponent informed the Office of its resignation. As a consequence of that, the opponent who does not have its domicile or principal place of business or a real and effective industrial or commercial establishment in the EEA is no longer represented and as such is not in compliance with the previously cited provisions.

 

According to Rule 17(4) EUTMIR (in the version in force at the time of filing of the opposition), if the opposition does not comply with the provisions of Rule 15 EUTMIR (in the version in force at the time of filing of the opposition) (other than referred to in paragraphs 1, 2 and 3 of Rule 17 EUTMIR (in the version in force at the time of filing of the opposition), the Office will inform the opponent accordingly and invite it to remedy the deficiencies noted within a period of two months. If the deficiencies are not remedied before this time limit expires, the Office will reject the opposition as inadmissible.

On 04/01/2021, the opponent was given two months to appoint a new representative in accordance with Article 120(1) EUTMR. This time limit expired on 14/03/2021. The opponent did not reply to this notification.

Consequently, the present opposition must be rejected as inadmissible.

COSTS

A decision on costs is taken in opposition proceedings that have passed the cooling-off period, that is to say, where the adversarial part of the proceedings has started (Article 6(4) EUTMDR, former Rule 18(4) EUTMIR, in force before 01/10/2017). According to Article 109(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 Article 109(7) EUTMR and Article 18(1)(c)(i) EUTMIR (former Rule 94(3) and Rule 94(7)(d)(ii) EUTMIR, in force before 01/10/2017), 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

 

 

Monika CISZEWSKA

Reet ESCRIBANO

Maria José LOPEZ BASSETS

 

 

According to Article 67 EUTMR, any party adversely affected by this decision has a right to appeal against this decision. According to Article 68 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 for appeal must be filed within four months of the same date. The notice of appeal will be deemed to have been filed only when the appeal fee of EUR 720 has been paid.