The trademark Herzflimmern was filed by Metrophon Music Spain SL, a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on July 5, 2021, and received one opposition filed on September 29, 2021 by Die Neue Welle Rundfunk-Verwaltungsgesellschaft mbH & Co KG on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by ALIX FRANK RECHTSANWÄLTE GMBH and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 29, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003155740 was partially refused EUTMA/IR according to Article 8(1)(a) EUTMR with decision issued on October 13, 2022 by the EUIPO.