The trademark VALERIAS was filed by Katharina Sonnenwald, a national of the Federal Republic of Germany (the "Applicant") and Holger Sonnenwald, a national of the Federal Republic of Germany (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on August 5, 2001, and received one opposition filed on November 4, 2001 by SAN TELMO, INC. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion, (c) Earlier non registered TM & right to prohibit use of later TM under national law, (d) Earlier sign & right to prohibit use of later TM under national law. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 4, 2001
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on December 17, 2000. Change of name and professional address of the trademark registration was recorded on December 17, 2000. Deletion of the representative of the trademark registration was recorded on May 26, 2003. Change of name and address of the trademark registration was recorded on May 26, 2003. Change of name and professional address of the trademark registration was recorded on July 1, 2007.
The Opposition with reference B 000450611 was partially refused EUTMA/IR according to Article 8(1)(b) CTMR with decision issued on March 20, 2005 by the EUIPO.
The application claimed as seniority of the Federal Republic of Germany trademark 396 55 088.6 registered on June 16, 1997 and filed on December 17, 1996 which was accepted by the office.