Opposition Division

OPPOSITION No B 2 560 889

Urbetec Abogados y Consultores, S.L., Serrano 79, 28006 Madrid, Spain (opponent),

a g a i n s t

Thompson House Investments Limited, c/o Intertrust Corporate Services (BVI) Limited, 171 Main Street, Road Town, Tortola 1110, British Virgin Islands (applicant), represented by Urquhart-Dykes & Lord LLP, Tower North Central, Merrion Way, Leeds LS2 8PA, United Kingdom (professional representative).

On 30/11/2015, the Opposition Division takes the following


1. Opposition No B 2 560 889 is rejected as inadmissible.

2. The opposition fee will not be refunded.


The opponent filed an opposition against all the goods and services of Community trade mark application No 13 944 004 for the figurative mark as depicted below. The opposition is based on Spanish trade mark registration No M 3 501 089 of the figurative mark as depicted below. The opponent invoked Article 8(1)(b) CTMR.

Earlier trade mark

Contested sign


According to Rule 15(2)(f) CTMIR, the notice of opposition shall indicate the goods and services on which the opposition is based.

According to Rule 17(3) CTMIR, where the opponent submits an incomplete translation, the part of the notice of opposition that has not been translated shall not be taken into account in the examination of admissibility.

In the present case the goods and services on which the opposition is based have been indicated in a language other than the language of the opposition proceedings. According to Article 119(5) and (6) CTMR, this information has to be provided in the language of the opposition proceedings, namely English.

According to Rule 17(4) CTMIR, if the notice of opposition does not comply with the provisions of Rule 15 CTMIR (other than those referred to in paragraphs 1, 2 and 3 of Rule 17 CTMIR), the Office shall inform the opponent accordingly and shall invite him to remedy the deficiencies noted within a period of two months. If the deficiencies are not remedied before this time limit expires, the Office shall reject the opposition as inadmissible.

The Office informed the opponent of the deficiency in its notification dated 18/08/2015. The opponent was set a time limit of two months, until 18/10/2015, to remedy the deficiency, namely to provide an indication of the goods and services on which the opposition is based in the language of the opposition proceedings.

The opponent did not reply within the prescribed time limit.

The opposition must therefore, be rejected as inadmissible.

Please note that the opposition fee will not be refunded. In accordance with Rule 18(5) CTMIR, the Office only refunds the opposition fee in view of a withdrawal and/or restriction of the trade mark during the cooling-off period.

The Opposition Division

Konstantinos MITROU

According to Article 59 CTMR, any party adversely affected by this decision has a right to appeal against this decision. According to Article 60 CTMR, notice of appeal must be filed in writing at the Office within two months of the date of notification of this decision. Furthermore, a written statement of the grounds of appeal must be filed within four months of the same date. The notice of appeal will be deemed to be filed only when the appeal fee of EUR 800 has been paid.

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