OPPOSITION Nо B 3 117 390

Compass Group, UK & Ireland Limited, Parklands Court 24 Parklands, Birmingham Great Park, Rubery B45 9PZ, United Kingdom (opponent), represented by Barker Brettell Sweden AB, Östermalmsgatan 87, 114 59 Stockholm, Sweden (professional representative)

a g a i n s t

 

N-Cubator B.V., Markt 19, 6071JD Swalmen, Netherlands (applicant).

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

 

 

DECISION:

1. Opposition No B 3 117 390 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 18 164 001 ‘LIME’ (word mark), namely against all the goods and services in Classes 9, 25, 35, 38 and 41. The opposition was initially based on United Kingdom trade mark registration No 3 307 459, ‘LIME VENUE PORTFOLIO’; United Kingdom trade mark registration No 3 307 463, , , , , , (series), and United Kingdom non-registered trade marks ‘LIME’ and ‘LIME VENUE PORTFOLIO’. The opponent invoked Article 8(1)(b) and Article 8(4) EUTMR.

In its submissions of 16/09/2020, the opponent indicated that, as a matter of administrative convenience, it wished to proceed under Article 8(1)(b) EUTMR only.

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

Helen Louise MOSBACK

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.