OPPOSITION No B 3 065 344

Liu Huanjin, 2, Shier Dui, Chengxi Cun, Huashan Zhen, Huadu Qu, Guangzhou, 214000 Guangdong, China (opponent)

a g a i n s t

International Helmet Company SA, Via Cantonale, 34a - Stabile Violino, 6928 Manno, Switzerland (applicant), represented by Pipparelli & Partners, Via Quadronno, 6, 20122 Milano, Italy (professional representative).

On 01/04/2019, the Opposition Division takes the following

DECISION:

1. Opposition No B 3 065 344 is rejected as inadmissible.

2. The opposition fee will not be refunded.

REASONS

The opponent filed an opposition against all the goods and services in Classes 9, 25 and 35 of European Union trade mark application No 17 895 710 for the figurative mark . The opposition is based on Spanish trade mark registration No 3 716 587 for the figurative mark . The opponent invoked Article 8(1)(b) EUTMR.

ADMISSIBILITY

According to 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 120(1) EUTMR in all proceedings established by this Regulation, other than in filing an application for a European Union trade mark.

According to Article 2(2)(h)(ii) EUTMDR, where representation is mandatory pursuant to Article 119(2) EUTMR, the notice of opposition must contain the name and business address of the representative in accordance with Article 2(1)(e) EUTMIR.

In the present case, the opponent does not have its domicile or principal place of business or a real and effective industrial or commercial establishment in the EEA.

On 26/10/2018 the representative given in the notice of opposition resigned and was removed from the present opposition file.

According to Article 5(5) EUTMDR, if the notice of opposition does not comply with the provisions of Article 2(2)(d) to (h) EUTMDR, or, if the representative resigns during the opposition proceedings, 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 05/11/2018 the opponent has been given a time limit of two months to appoint a new representative. This time limit expired on 15/01/2019. The opponent did not respond to this communication.

Consequently the opposition will be rejected as inadmissible.

Please note that the opposition fee will not be refunded. In accordance with Article 6(5) EUTMDR (former Rule 18(5) EUTMIR, in force before 01/10/2017), the Office only refunds the opposition fee in the event of a withdrawal and/or restriction of the trade mark during the cooling-off period.

The Opposition Division

Denitza STOYANOVA-VALCHANOVA

Reet ESCRIBANO

Alina FRUNZA

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.