DECISION

of the First Board of Appeal

of 29 September 2017

In Case R 1226/2017-1

HARIBO RICQLES ZAN (Société Anonyme)
67, boulevard du Capitaine Gèze 13014 Marseille France	Applicant / Appellant

represented by Alexander Behler, 6, Route de Trèves EBBC Building E, 2633 Senningerberg, Luxembourg

v

PIK VRBOVEC-MESNA INDUSTRIJA d.d.
Zagrebačka 148 Vrbovec 10340 Croatia	Opponent / Respondent

represented by Sanja Vukina, Prilaz Gjure Deželica 30, 10000 Zagreb, Croatia

APPEAL relating to Opposition Proceedings No B 2 419 995 (European Union trade mark application No 12 966 719)

The First Board of Appeal

composed of Th. M. Margellos as a single Member having regard to Article 135(2) and (5) EUTMR, Article 1(c)(2) BoA-RP and Article 10 of the Decision of the Presidium on the organisation of the Boards of Appeal as currently in force, and to the First Board’s Resolution No 3 of 9 March 2012 on decisions by a single Member

Registrar: H. Dijkema

gives the following

Decision

Summary of the facts

1. By an application filed on 11 June 2014, HARIBO RICQLES ZAN (Société Anonyme) (‘the applicant’) sought to register the figurative mark

for goods and services in Classes 30 and 35.

2. The application was published on 15 July 2014.

3. On 14 October 2014, PIK VRBOVEC-MESNA INDUSTRIJA d.d. (‘the opponent’) filed an opposition against the registration of the published trade mark application for all the goods and services applied for.

4. The grounds of opposition were those laid down in Article 8(1)(b) EUTMR.

5. The opposition was based on, inter alia, Croatian trade mark registration No Z 20 131 817 filed on 6 December 2013 and registered on 29 April 2014 for goods and services in Classes 30 and 35.

6. By decision of 11 April 2017 (‘the contested decision’), the Opposition Division upheld the opposition for all the contested goods and services and rejected the European Union trade mark applied for in its entirety. The applicant was ordered to bear the costs.

7. On 7 June 2017, the applicant filed an appeal against the contested decision. No statement of grounds was filed.

8. On 11 August 2017, the applicant withdrew its appeal.

9. On 11 August 2017, the applicant withdrew its European Union trade mark application.

Reasons

10. The Board hereby takes note of the withdrawal of the appeal and of the European Union trade mark application and that as a consequence, the appeal and opposition proceedings are terminated.

11. With the withdrawal of the EUTM application and, therefore, of the subject-matter of the opposition proceedings, the contested decision cannot take effect.

12. The applicant withdrew its appeal before any substantial procedural activity in the present appeal proceedings could take place. Therefore, as the opponent has had no possibility of incurring any costs, in accordance with Article 85(2) EUTMR and for reasons of equity the Board deems it appropriate not to make a ruling on the appeal costs. The apportionment of costs foreseen in the contested decision, which has become final, ordering the applicant to bear the costs, remains unchanged.

Order

On those grounds,

THE BOARD

hereby:

1. Takes note of the withdrawal of the appeal and the EUTM application and declares the appeal and opposition proceedings closed;

2. Declares that the contested decision does not take effect.

Signed Th. Margellos

Registrar: Signed H. Dijkema