OPPOSITION No B 2 816 018

Lagardere Travel Retail, S.A., Avda. Valdelaparra, 29, 28108 Alcobendas, (Madrid), España (opponent), represented by Polopatent, Dr. Fleming, 16, 28036 Madrid, Spain (professional representative)

a g a i n s t

Cheil Germany, Am Kronberger Hang 8, 65824 Schwalbach am Taunus, Germany (applicant).

On 25/04/2017, the Opposition Division takes the following

DECISION:

1. Opposition No B 2 816 018 is rejected as inadmissible.

2. The opposition fee will not be refunded.

REASONS:

The opponent filed an opposition against some the services of European Union trade mark application No 15 778 822 ‘DISCOVR°’, namely against all the services in Class 35. The opposition is based on the following earlier rights:

Spanish trade mark application No 2 994 604

Spanish trade mark application No 3 001 071

Spanish trade mark application No 3 001 137

Spanish trade mark application No 3 001 146

Spanish trade mark application No 3 006 502

The opponent invoked Article 8(1)(b) EUTMR.

ADMISSIBILITY

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

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

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 119(5) and (6) EUTMR, this information has to be provided in the language of the opposition proceedings, namely in English.

According to Rule 17(4) EUTMIR, if the notice of opposition does not comply with the provisions of Rule 15 EUTMIR (other than those referred to in paragraphs 1, 2 and 3 of Rule 17 EUTMIR), the Office will inform the opponent accordingly and 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 will reject the opposition as inadmissible.

The Office informed the opponent of the deficiency in its notification dated 14/12/2016. The opponent was set a time limit of two months, until 19/02/2017, to remedy the deficiencies, namely to provide the list of the services on which the opposition is based in the language of 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) EUTMIR, 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

Erkki Münter

According to Article 59 EUTMR, any party adversely affected by this decision has a right to appeal against this decision. According to Article 60 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 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 720 has been paid.