The trademark OBY COFFEE & CO was filed by Rafael Serato, a national of the Italian Republic (the "Applicant"). The application was published for oppositions on October 9, 2023, and received one opposition filed on November 9, 2023 by OBI GmbH & Co. Deutschland KG on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by DOMPATENT VON KREISLER SELTING WERNER - PARTNERSCHAFT VON PATENTANWÄLTEN UND RECHTSANWÄLTEN MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 9, 2023
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).
The Opposition with reference B 003206766 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on October 13, 2024 by the EUIPO.