The trademark SMARTLY was filed by SmartSweets Inc., a corporation established under the laws of Canada (the "Applicant"). The application was published for oppositions on April 6, 2020, and received one opposition filed on July 6, 2020 by Société des Produits Nestlé S.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by HARTE-BAVENDAMM RECHTSANWÄLTE PARTNERSCHAFTSGESELLSCHAFT MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 6, 2020
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Deletion of the representative of the trademark registration was recorded on January 26, 2021. Appointment and Replacement of representative of the trademark registration was recorded on January 27, 2021. Appointment and Replacement of representative of the trademark registration was recorded on April 5, 2021. Absolute errors of the trademark registration was recorded on September 4, 2023.
The Appeal with reference B R2083/2022-4 was Inadmissible according to Article 68(1) EUTMR with decision issued on March 21, 2023 by the EUIPO. The Opposition with reference B 003125668 was refused according to Article 8(1)(b) EUTMR with decision issued on August 28, 2022 by the EUIPO.