The trademark Bavaria was filed by Eder & Heylands Brauerei GmbH & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on February 6, 2005, and received one opposition filed on May 3, 2005 by Bavaria N.V. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute, (d) Earlier non registered TM & right to prohibit use of later TM under national law, (e) Earlier sign & right to prohibit use of later TM under national law, (f) Mark was filed without authorisation of proprietor. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 3, 2005
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
A total of undefined cancellation proceedings were initiated against the trademark registration in 2009.The first Cancellation was filed by Bavaria N.V. (represented by Houthoff Coöperatief U.A.) on January 10, 2012 and Final decision – EUTM fully cancelled.
Change of name and address of the trademark registration was recorded on April 28, 2004. Application for revocation or for a declaration of invalidity of the trademark registration was recorded on July 5, 2010. Decisions on applications for revocation or for a declaration of invalidity of the trademark registration was recorded on January 17, 2012.
The Appeal with reference B R0625/2007-4 was Opposition rejected according to Article 8(1)(b) CTMR with decision issued on June 1, 2009 by the EUIPO. The Opposition with reference B 000837684 was refused according to Article 8(1)(b) CTMR with decision issued on March 14, 2007 by the EUIPO.