The trademark Calmnight Hevert was filed by Hevert-Arzneimittel GmbH & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 13, 2020, and received one opposition filed on December 13, 2020 by VITAE HEALTH INNOVATION, S.L. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by GARRETA I ASSOCIATS AGÈNCIA DE LA PROPIETAT INDUSTRIAL, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 13, 2020
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on February 23, 2022. Change of name and address of the trademark registration was recorded on August 8, 2022.
The Appeal with reference B R0108/2024-4 was Opposition rejected according to Article 8(1)(a) EUTMR with decision issued on June 18, 2024 by the EUIPO. The Appeal with reference B R1537/2022-4 was Opposition allowed according to Article 8(1)(b) EUTMR with decision issued on July 10, 2023 by the EUIPO. The Opposition with reference B 003136600 was refused according to Article 8(1)(b) CTMR with decision issued on July 4, 2022 by the EUIPO. The Opposition with reference B 003136600 was rejected according to Article 8(1)(b) EUTMR with decision issued on November 16, 2023 by the EUIPO.