The trademark tSmart was filed by Otto International (Hong Kong) Ltd, a corporation established under the laws of Hong Kong, Special Administrative Region of the People's Republic of China (the "Applicant"). The application was published for oppositions on November 18, 2021, and received one opposition filed on February 20, 2022 by Deutsche Telekom AG on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by HOGAN LOVELLS INTERNATIONAL LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 20, 2022
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 003164601 was refused according to Article 8(1)(b) EUTMR with decision issued on April 27, 2023 by the EUIPO.