The trademark DiaComfort was filed by QUANZHOU NUOBAO IMPORT AND EXPORT TRADING 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 27, 2021, and received one opposition filed on August 18, 2021 by DIA RETAIL ESPAÑA, S.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by ELZABURU, 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 18, 2021
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
The Opposition with reference B 003153106 was refused according to Article 8(1)(b) EUTMR with decision issued on July 3, 2023 by the EUIPO.