The trademark VARILUX Premium was filed by Neo Elementum OU, a corporation established under the laws of the Republic of Estonia (the "Applicant"). The application was published for oppositions on March 17, 2021, and received one opposition filed on June 17, 2021 by Essilor International on Unfair advantage /detriment to distinctiveness or repute. the opponent was represented by IPSILON and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 17, 2021
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
The Appeal with reference B R2370/2022-4 was Opposition allowed according to Article 8(5) EUTMR with decision issued on September 4, 2023 by the EUIPO. The Opposition with reference B 003149140 was rejected according to Article 8(1)(b) EUTMR with decision issued on October 4, 2022 by the EUIPO.