The trademark MIRACU was filed by WAYING TECHNOLOGY DEVELOPMENT CO., LIMITED, a corporation established under the laws of Hong Kong, Special Administrative Region of the People's Republic of China (the "Applicant"). The application was published for oppositions on February 8, 2021, and received one opposition filed on March 14, 2021 by Maios E-comerce SLU on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by BERMEJO & JACOBSEN PATENTES-MARCAS S.L. 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 English, and English was also language of all opposition proceedings (Italian was selected as the second language).
A total of undefined cancellation proceedings were initiated against the trademark registration in 2022.The first Cancellation was filed by MIWACU LLC (represented by BERMEJO & JACOBSEN PATENTES-MARCAS S.L.) on January 29, 2023 and Final decision – Request rejected on formalities.
Application for revocation or for a declaration of invalidity of the trademark registration was recorded on February 3, 2022. Decisions on applications for revocation or for a declaration of invalidity of the trademark registration was recorded on February 1, 2023.
The Opposition with reference B 003142720 was Reject opposition: opposition not admissible according to Article 8(1)(a) EUTMR with decision issued on October 18, 2021 by the EUIPO. The Cancellation with reference B 000052828 was Cancellation rejected according to Article 60(1)(c) EUTMR with decision issued on October 24, 2022 by the EUIPO.