The trademark HOTEL DANIEL was filed by Hotel Daniel (S.A.), a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on July 19, 2009, and received one opposition filed on October 19, 2009 by DANIELI PROPERTY S.R.L. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by JACOBACCI & PARTNERS S.P.A. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 19, 2009
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Change of name and professional address of the trademark registration was recorded on June 7, 2009. Change of name and professional address of the trademark registration was recorded on July 2, 2012.
The Appeal with reference B R1687/2012-5 was Opposition allowed according to Rule 94(7)(d) CTMIR with decision issued on March 21, 2013 by the EUIPO. The Opposition with reference B 001565657 was refused according to Article 8(1)(b) CTMR with decision issued on July 9, 2012 by the EUIPO.
The application claimed as seniority of the French Republic trademark null and filed on July 16, 2007 which was accepted by the office.