The trademark DESMOGALEN was filed by GALENpharma GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on June 4, 2000, and received one opposition filed on September 4, 2000 by Ferring B.V. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Dehns and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 4, 2000
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 000304065 was refused according to Article 8(1)(b) CTMR with decision issued on November 27, 2003 by the EUIPO.
The application claimed as seniority of the Federal Republic of Germany trademark null registered on July 5, 1999 which was claimed by the office.