The trademark HyPer Decon was filed by Winterhoff Edelstahl, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on August 16, 2017, and received one opposition filed on November 14, 2017 by Decon Laboratories Limited on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute, (c) Earlier non registered TM & right to prohibit use of later TM under national law. the opponent was represented by ELKINGTON AND FIFE LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 14, 2017
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 002993015 was refused according to Article 8(1)(b) EUTMR with decision issued on February 5, 2019 by the EUIPO.