The trademark BERSERKER was filed by Harald Bensen, a national of the Federal Republic of Germany (the "Applicant") and Comdesign, a corporation established under the laws of the Swiss Confederation (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on February 14, 2016, and received one opposition filed on May 16, 2016 by Palosy, Sascha on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by TWELMEIER MOMMER & PARTNER Patent- und Rechtsanwälte mbB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 16, 2016
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 002703570 was refused according to Article 8(1)(a) EUTMR with decision issued on April 4, 2017 by the EUIPO.