The trademark Glofish was filed by SHENZHEN HUAYU TECHNOLOGY DEVELOPMENT CO., LTD., a corporation established under the laws of the People's Republic of China (the "Applicant"). The application was published for oppositions on June 3, 2021, and received one opposition filed on September 1, 2021 by BRITISH AMERICAN TOBACCO (BRANDS) LIMITED on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Hogan Lovells (Alicante) S.L. & Cia. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 1, 2021
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
The Appeal with reference B R0030/2023-5 was Opposition allowed according to Article 8(1)(b) EUTMR with decision issued on August 31, 2023 by the EUIPO. The Opposition with reference B 003153984 was rejected according to Article 8(1)(b) EUTMR with decision issued on December 6, 2022 by the EUIPO.