OPPOSITION No B 3 064 562

Kawa SARL, 3 place de Stalingrad, 75010 Paris, France (opponent)

a g a i n s t

Stelios Anastasiou, Limassol Avenue, 67 Vision Tower 4th Floor, 2121 Nicosia, Cyprus (applicant)

On 02/10/2019, the Opposition Division takes the following

DECISION:

1. Opposition No B 3 064 562 is rejected as inadmissible.

2. The opposition fee will not be refunded.

REASONS

The opponent filed an opposition against all the goods of European Union trade mark application No 17 926 716 for the figurative mark , namely against all the goods in Class 30. The opposition is based on French trade mark registration No 94 520 658 for the figurative mark . The opponent invoked Article 8(1)(b) EUTMR.

ADMISSIBILITY

According to Article 2(g) EUTMDR, the notice of opposition must indicate the goods and services on which each of the grounds for the opposition is based.

In the present case the goods on which the opposition is based have been indicated in a language other than the language of the opposition proceedings. According to Article 146(5) and (7) EUTMR, this information has to be submitted in the language of the opposition proceedings, namely English.

According to Article 5(4) EUTMDR, where the opponent submits an incomplete translation, the part of the notice of opposition that has not been translated will not be taken into account in the examination of admissibility.

Since the goods on which the opposition is based cannot be taken into account, the indication of goods and services on which each of the grounds for the opposition is based as required by Article 2(g) EUTMDR is missing.

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, 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.

In the case at hand, and after revocation of the admissibility of the opposition, the Office notified the opponent on 07/05/2019 that the goods on which the opposition is based had not been provided in the language of the opposition proceedings and gave the opponent until 07/07/2019 to remedy the deficiency. The opponent did not answer the Office’s notification and therefore failed to remedy the identified deficiency. It follows that the opposition B 3 064 562 is rejected as inadmissible.

Please note that the opposition fee will not be refunded. In accordance with Article 6(5) EUTMDR, 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

Biruté SATAITE-GONZÁLEZ

Maria José LÓPEZ BASSETS

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.