The trademark VISIT DARK SKIES was filed by R & P BUSINESS, LDA., a corporation established under the laws of the Portuguese Republic (the "Applicant"). The application was published for oppositions on December 17, 2020, and received one opposition filed on March 14, 2021 by VISIT DARK SKIES GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Hogertz Rechtsanwälte Partnerschaft mbB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 14, 2021
The application was filed in Portuguese, and Portuguese was also language of all opposition proceedings (English was selected as the second language).
The Refusal with reference B 018229043 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on August 27, 2020 by the EUIPO.