OPPOSITION Nо B 3 004 341

Immediate Media Company London Limited, Vineyard House 44 Brook Green Hammersmith, London W6 7BT, United Kingdom (opponent), represented by Womble Bond Dickinson (UK) LLP, 1 Whitehall Riverside, Leeds LS1 4BN, United Kingdom (professional representative)

 

a g a i n s t

Michael Lessmann, Hoeldbaum 13, 21423 Winsen (Luhe), Germany and Vicky Lessmann, Hoeldbaum 13, 21423 Winsen Luhe, Germany (applicants), represented by Haseltine Lake Kempner LLP, Redcliff Quay 120 Redcliff Street, Bristol BS1 6HU, United Kingdom (professional representative).

On 04/02/2021, the Opposition Division takes the following

DECISION:

1.	Opposition No B 3 004 341 is rejected in its entirety.
2.	Each party bears its own costs.

REASONS

The opponent filed an opposition against all the goods and services of European Union trade mark application No 17 162 504 ‘made-by-mums’ (word mark), namely against all the goods and services in Classes 24 and 35. The opposition is based on United Kingdom trade mark registration No 3 215 062, , (series) and United Kingdom trade mark registration No 3 215 047, , , , (series). The opponent invoked Article 8(1)(b) EUTMR.

On 01/02/2020, the United Kingdom (UK) withdrew from the European Union (EU) subject to a transition period until 31/12/2020. During this transition period, EU law remained applicable in the UK. As from 01/01/2021, UK rights ceased ex-lege to be earlier rights protected ‘in a Member State’ for the purposes of proceedings based on relative grounds. The conditions for applying Article 8(1) EUTMR, worded in the present tense, must also be fulfilled at the time of taking the decision.

As the opposition no longer has a valid basis, it must be dismissed.

COSTS

According to Article 109(1) EUTMR, the losing party in opposition proceedings must bear the fees and costs incurred by the other party. According to Article 109(3) EUTMR, where each party succeeds on some heads and fails on others, or if reasons of equity so dictate, the Opposition Division will decide a different apportionment of costs.

As the termination of the proceedings is due to exceptional statutory reasons not attributable to any of the parties, it is equitable that each party bears its own costs.

The Opposition Division

Begoña URIARTE VALIENTE

Claudia SCHLIE

Solveiga BIEZĀ

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.