The trademark HOT WHEELS was filed by Markus Kott, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on April 18, 2004, and received one opposition filed on July 18, 2004 by Mattel, Inc. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by HOGAN LOVELLS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 18, 2004
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 000713000 was refused according to Article 8(5) CTMR with decision issued on May 23, 2006 by the EUIPO.