OPPOSITION Nо B 3 136 410

 

Jinhua Borun Import and Export, No. 8 Dongmei Street, Wangzhaibu Village Duohu Street, Jindong District, Jinhua City, Zhejiang Province, People's Republic of China (opponent), represented by KBZ Żuradzka & Wspólnicy Adwokaci i Radcy Prawni Sp. K., ul. PCK 6/7, 40-057 Katowice, Poland (professional representative)

a g a i n s t

Borun Import & Export Co. Ltd, Jinhua City, No.8, Dongmei Street, Wangzhaibu Village, Duohu Sub-district, Jindong District, Jinhua City, Zhejiang Province, People's Republic of China (applicant), represented by A.BRE.MAR. S.R.L., Via Servais, 27 I-10146 Torino, Italia (professional representative).

On 05/03/2021, the Opposition Division takes the following

 

 

DECISION:

 

1.	Opposition No B 3 136 410 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 18 242 723 ‘Kangaisun’ (word mark), namely against all the goods in Class 25. The opposition is based on the non-registered United Kingdom trade mark ‘Kang Aisun’. The opponent invoked 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(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

Fernando AZCONA DELGADO

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.