The trademark XO donut was filed by XO DONUT Kft., a corporation established under the laws of Hungary (the "Applicant"). The application was published for oppositions on May 27, 2021, and received one opposition filed on August 24, 2021 by BIMBO DONUTS IBERIA S.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by CURELL SUÑOL S.L.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 24, 2021
The application was filed in Hungarian, and Hungarian was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003153465 was refused according to Article 8(1)(b) EUTMR with decision issued on December 12, 2022 by the EUIPO.