The trademark TOP-EX was filed by Nantong Donggan Clothing Online Business Co., Ltd., a corporation established under the laws of the People's Republic of China (the "Applicant"). The application was published for oppositions on September 13, 2020, and received one opposition filed on October 28, 2020 by Norma Lebensmittelfilialbetrieb Stiftung & Co. KG on Likelihood of confusion. the opponent was represented by BETTEN & RESCH PATENT- UND RECHTSANWÄLTE PARTGMBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 28, 2020
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 003133540 was refused according to Article 8(1)(b) EUTMR with decision issued on December 21, 2021 by the EUIPO.