OPPOSITION Nо B 3 130 047

 

John Emanuel Ferreres-Sintes, Carretera Circunval.lacio 56 – 172005 Begur (Girona), 172005 Begur, Spain (opponent), represented by Pablo Castells Poch, Ronda General Mitre, 67, 08017 Barcelona, Spain (professional representative) 

 

a g a i n s t

 

Bytedance Ltd., Scotia Centre, 4th Floor, Willow House, Cricket Square, P.O. Box 2804, George Town, 1-1112 Grand Cayman, Cayman Islands (applicant), represented by Taylor Wessing LLP, 5 New Street Square, London EC4A 3TW, United Kingdom (professional representative).

On 16/06/2021, the Opposition Division takes the following

 

 

DECISION:

 

1.	Opposition No B 3 130 047 is rejected in its entirety.

 

2.	The opponent bears the costs, fixed at EUR 300.

 

REASONS

 

On 02/09/2020, the opponent filed an opposition against all the goods and services of the European Union trade mark application No 18 198 821 ‘TikCode’ (word mark). The opposition is based on the European Union trade mark registration No 11 556 867 (figurative mark). The opponent invoked Article 8(1)(a) and (b) EUTMR.

 

 

PROOF OF USE

 

The applicant requested that the opponent submit proof of use of the European Union trade mark registration No 11 556 867 (figurative mark) on which the opposition is based.

 

The request was filed in due time and is admissible given that the earlier trade mark was registered more than five years prior to the relevant date mentioned above.

 

On 14/01/2021 the opponent was requested to provide proof of use by the 19/03/2021.

 

The opponent did not submit any evidence concerning the use of the earlier trade mark on which the opposition is based. It did not argue that there were proper reasons for non-use either.

 

According to Article 10(2) EUTMDR, if the opposing party does not provide such proof before the time limit expires, the Office will reject the opposition.

 

Therefore, the opposition must be rejected pursuant to Article 47(2) EUTMR and Article 10(2) EUTMDR. 

 

COSTS

 

According to Article 109(1) EUTMR, the losing party in opposition proceedings must bear the fees and costs incurred by the other party.

 

Since the opponent is the losing party, it must bear the costs incurred by the applicant in the course of these proceedings.

 

According to Article 109(7) EUTMR and Article 18(1)(c)(i) EUTMIR, the costs to be paid to the applicant are the costs of representation, which are to be fixed on the basis of the maximum rate set therein.

 

 

 

 

The Opposition Division

 

 

Marta GARCÍA COLLADO

Helen Louise MOSBACK

Marzena MACIAK

 

 

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.