GREY GARDENS | Decision 2868068

Date Published: Sep 25, 2017

OPPOSITION No B 2 868 068

Grey Gardens Agencies i Göteborg AB, Sockerbruket 7, 41451 Gothenburg, Sweden (opponent), represented by Front Advokater, Kungstorget 2, 41117 Göteborg, Sweden (professional representative)

a g a i n s t

Eva Marie Beale, 29 Renz Road, Mill Valley 94941, United States of America (holder), represented by Zacco Sweden AB, Valhallavägen 117, 114 85 Stockholm, Sweden (professional representative).

On 21/07/2017, the Opposition Division takes the following

DECISION:

1.        Opposition No B 2 868 068 is rejected as inadmissible.

2.        The opposition fee will not be refunded.

REASONS:

The opponent filed an opposition against all the services of international registration designating the European Union No 1 320 381, namely against all the services in Class 35. The opposition is based on European Union trade mark application No 15 738 362 and Swedish trade mark registration No 535 115. The opponent invoked Article 8(1)(b) EUTMR.

Grey Gardens Agency	GREY GARDENS
Earlier trade marks	Contested sign

ADMISSIBILITY

According to Article 8(2)(a) EUTMR, earlier trade marks within the meaning of Article 8(1) EUTMR are those trade marks with a date of application for registration which is earlier than the date of application for registration of the European Union trade mark, taking account, where appropriate, of the priorities claimed in respect of those trade marks.

According to Article 41(1)(a) EUTMR, notice of opposition to registration of the trade mark may be given on the grounds that it may not be registered under Article 8 EUTMR by the proprietors of earlier trade marks referred to in Article 8(2) EUTMR, in respect of Article 8(1) and (5) EUTMR.

In the present case, the filing date of the contested international registration designating the European Union, taking into account the priority based on Sweden trade mark application No 0216/05217, is 04/08/2016.

The notice of opposition, deemed to have been filed on 23/03/2017, contained two earlier marks as basis of the opposition, namely European Union trade mark application No 15 738 362, filed on 11/08/2016, and Swedish trade mark registration No 535 115, filed on 07/08/2016. These dates are after the valid filing date of the contested sign and, therefore, the marks on which the opposition is based are not earlier rights within the meaning of Article 8(2) EUTMR.

The Office informed the opponent of the deficiency in its notification dated 28/03/2017. The opponent was set a time limit of two months, until 28/05/2017, to submit any comments on the matter.

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

Marta GARCÍA COLLADO

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.