OPPOSITION Nо B 3 096 546

 

Bestway Panacea Holdings Limited, Merchants Warehouse Castle Street Castlefield, Manchester M3 4LZ, United Kingdom (opponent), represented by Murgitroyd & Company, Murgitroyd House 165-169 Scotland Street, Glasgow G5 8PL, United Kingdom (professional representative)

 

a g a i n s t

 

Uwell GmbH, Giesshueblerstrasse 13, 2344 Maria Enzersdorf, Austria (applicant).

On 08/01/2021, the Opposition Division takes the following

 

 

DECISION:

 

1. Opposition No B 3 096 546 is rejected in its entirety.

2. Each party bears its own costs.

REASONS

The opponent filed an opposition against all the goods of European Union trade mark application No 18 062 814 (figurative mark), namely against all the goods in Class 3. The opposition is based on United Kingdom trade mark registration No 3 095 026 for the series of marks . The opponent invoked Article 8(1)(b) EUTMR.

On 01/02/2020, the United Kingdom (UK) withdrew from the 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

 

 

Claudia SCHLIE

Denitza STOYANOVA-VALCHANOVA

Vanessa PAGE HOLLAND

 

 

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.