OPPOSITION Nо B 3 093 433

 

The Soap Story Limited, Unit 5-6, 1 Sloefield Drive, Carrickfergus, County Antrim BT38 8GD, United Kingdom (opponent), represented by Ansons, 4th Floor, Imperial House, 4-10 Donegall Square East, Belfast, BT1 5HD, Northern Ireland, United Kingdom (professional representative) 

 

a g a i n s t

 

Target Brands, Inc., 1000 Nicollet Mall, TPS-3165, Minneapolis, MN 55403-2467, United States of America (applicant), represented by CSY Europe, Maximiliansplatz 12b, 80333 München, Germany (professional representative).

On 23/02/2021, the Opposition Division takes the following

 

 

DECISION:

 

1.	Opposition No B 3 093 433 is rejected in its entirety.
2.	Each party bears its own costs.

 

REASONS

 

The opponent filed an opposition against some of the goods and services of European Union trade mark application No 18 009 508, ‘POP DOT’ (word mark), namely against all the goods and services in Classes 3, 5 and 35. The opposition is based on United Kingdom trade mark registration No 3 321 754, (figurative mark). The opponent invoked Article 8(1)(b) and 8(5) EUTMR.

 

On 01/02/2020, the United Kingdom (UK) withdrew from the 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.

 

COSTS

 

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

Claudia SCHLIE

Sofía SACRISTÁN MARTÍNEZ

 

 

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.