The trademark ELITE was filed by HAGEN Deutschland GmbH & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on April 25, 2004, and received one opposition filed on July 21, 2004 by Ubbink Garden B.V. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by NOVAGRAAF NEDERLAND B.V. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 21, 2004
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).