The trademark DUCKY KRISTALL was filed by Werner Alexander Niederwinkler, a national of the Republic of Austria (the "Applicant"). The application was published for oppositions on April 26, 2021, and received one opposition filed on July 21, 2021 by Duck Global Licensing AG (Duck Global Licensing SA) (Duck Global Licensing Ltd) on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by GILBEY LEGAL and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 21, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Appeal with reference B R0508/2023-4 was Opposition allowed according to Article 8(1)(b) EUTMR with decision issued on November 21, 2023 by the EUIPO. The Opposition with reference B 003151266 was refused according to Article 8(1)(b) EUTMR with decision issued on January 11, 2023 by the EUIPO.