OPPOSITION Nо B 2 413 949
Harvie And Hudson Limited, 97 Jermyn Street St. James's, SW1Y 6JE London, United Kingdom (opponent), represented by Shoosmiths LLP, Apex Plaza, Forbury Road, RG1 1SH Reading, United Kingdom (professional representative)
a g a i n s t
Fashion GmbH, Julius-kunert-straße
49, 87509 Immenstadt, Germany (applicant), represented by Rüger
Abel Patentanwälte PartGmbB, Webergasse 3,
73728 Esslingen am Neckar, Germany (professional
On 11/02/2021, the Opposition Division takes the following
Opposition No B 2 413 949 is rejected in its entirety.
Each party bears its own costs.
The opponent filed an opposition against all the goods of European Union trade mark application No 12 993 218 ‘Hudson’ (word mark), in Classes 18, and 25. The opposition is based on United Kingdom trade mark application No 3 036 190, ‘HARVIE & HUDSON’ (word mark), and United Kingdom trade mark registrations No 1 402 041, ‘HARVIE & HUDSON’ (word mark) and No 1 077 699, ‘HARVIE AND HUDSON’ (word mark). The opposition was initially based on other earlier trade marks. However, in the submissions filed on 13/12/2016, the opponent restricted the scope of the opposition to the above mentioned United Kingdom trade marks. The opponent invoked Article 8(1)(b) and 8(5) 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(1) and (5) 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.
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
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.