OPPOSITION Nо B 3 106 240

 

The Co-operative Bank p.l.c., P.O. Box 101 1 Balloon Street, M60 4EP Manchester, United Kingdom (opponent), represented by Marks & Clerk LLP, 1 New York Street, M1 4HD Manchester, United Kingdom (professional representative) 

 

a g a i n s t

 

ASG Homes Gestora de Cooperativas S.L., C/ Zurbano 34, 2º Izq., 28010 Madrid, Spain (applicant), represented by López Giménez Torres, Avenida Maisonnave, 28 Bis, 2º - Oficina 8, 03003 Alicante, Spain (professional representative).

On 27/01/2021, the Opposition Division takes the following

 

 

DECISION:

 

1. Opposition No B 3 106 240 is rejected in its entirety.

 

2. Each party bears its own costs.

 

REASONS

 

The opponent filed an opposition against some of the services of European Union trade mark application No 18 100 108 (figurative mark), namely against all the services in Classes 35 and 36. The opposition is based on United Kingdom trade mark registration No 1 286 604, ‘THE CO-OPERATIVE BANK’ (word mark) and the sign protected by the law of passing off used in the course of trade in United Kingdom, ‘CO-OP’. The opponent invoked Article 8(1)(b) and Article 8(4) 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) and (4) 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

Martina GALLE

 

 

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.