The trademark NikBerry was filed by Shaofeng Song, a national of the Federal Republic of Germany (the "Applicant") and Qingquan Guo, a national of the People's Republic of China (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on August 4, 2020, and received one opposition filed on November 3, 2020 by BlackBerry Limited on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BRANDSTORMING and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 3, 2020
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
The Opposition with reference B 003134024 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on October 21, 2021 by the EUIPO.