OPPOSITION Nо B 3 130 737

 

Resport Clinic, S.L, Roger de Lluria, 117 1-1, 08037 BARCELONA, Spain (opponent), represented by Soporte Legal A Las Nuevas Ideas, C/ Castillo de Arévalo, 12, Portal II, 3ª planta, Urbanización el Recreo, 28232 Las Rozas (Madrid), Spain (professional representative) 

 

a g a i n s t

 

Yiwu Feier Sporting Goods Co., Ltd., No. 70527, Market, District 5, International Trade City, Futian Street, 322000 Yiwu, Zhejiang, People's Republic of China (applicant), represented by Marcella Clarke, 2 Greendale Avenue, Raheny, 5 Dublin, Ireland (professional representative).

On 29/04/2021, the Opposition Division takes the following

 

 

DECISION:

 

 

1.	Opposition No B 3 130 737 is rejected as inadmissible.

 

2.

The opposition fee will not be refunded.

 

REASONS

 

On 11/09/2020, the opponent filed an opposition against all the goods and services of European Union trade mark application No 18 248 909 ‘RESPORTS’ (word mark), namely against all the goods and services in Classes 28 and 35. The opposition is based on Spanish trade mark registration No 3 559 777 (figurative mark). The opponent invoked  Article 8(1)(a) and (b) EUTMR.

 

  

ADMISSIBILITY

 

According to Article 2(g) EUTMDR, the notice of opposition must indicate the goods and services on which each of the grounds for the opposition is based.

On 11/09/2020, the opponent filed a notice of opposition against the contested mark and indicated therein that the opposition is based on all of the goods covered by the earlier mark invoked. The opponent provided the list of goods and services on which the opposition is based only in Spanish.

 

In the present case the services on which the opposition is based have been indicated in a language other than the language of the opposition proceedings. According to Article 146(5) and (7) EUTMR, this information has to be submitted in the language of the opposition proceedings, namely English.

Since the services on which the opposition is based cannot be taken into account, the indication of goods and services on which each of the grounds for the opposition is based as required by Article 2(g) EUTMDR is missing.

 

According to Article 5(5) EUTMDR, if the notice of opposition does not comply with the provisions of Article 2(2)(d) to (h) EUTMDR, the Office will inform the opponent accordingly and invite it to remedy the deficiencies noted within a period of two months. If the deficiencies are not remedied before this time limit expires, the Office will reject the opposition as inadmissible.

The Office informed the opponent of the deficiency in its notification dated 20/10/2020. The opponent was set a time limit of two months, until 25/12/2020 to remedy the deficiency, namely to provide an indication the list of the goods on which the opposition is based in a correct language of the opposition proceedings.

The opponent did not reply within the prescribed time limit.

For the sake of completeness, the Opposition Division notes that although the opponent relies on online substantiation, the information in the Spanish national database regarding the list of goods and services is only available in Spanish language.

The opposition must therefore, be rejected as inadmissible.

Please note that the opposition fee will not be refunded. In accordance with Article 6(5) EUTMDR, the Office only refunds the opposition fee in the event of a withdrawal and/or restriction of the trade mark during the cooling-off period.

 

 

 

The Opposition Division

 

 

Monika CISZEWSKA

Maria José LÓPEZ BASSETS

Reet ESCRIBANO

 

 

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.