The trademark Diabetex was filed by Germania Pharmazeutika, a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on September 7, 2020, and received one opposition filed on December 1, 2020 by SANOFI on Likelihood of confusion. the opponent was represented by ELZABURU, S.L.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 1, 2020
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003135981 was refused according to Article 8(1)(b) EUTMR with decision issued on December 16, 2021 by the EUIPO.
The application claimed as seniority of the Republic of Austria trademark null registered on May 15, 1956 and filed on May 15, 1956 which was accepted by the office.