The trademark GERMANY'S NEXT top kebab by Uncle Charlie was filed by Alaattin Celik, a national of the Republic of Austria (the "Applicant"). The application was published for oppositions on October 4, 2021, and received one opposition filed on January 4, 2022 by Seven.One Entertainment Group GmbH on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by HOGAN LOVELLS and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 4, 2022
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
A total of undefined cancellation proceedings were initiated against the trademark registration in 2022.The first Cancellation was filed by Seven.One Entertainment Group GmbH (represented by HOGAN LOVELLS) on November 6, 2023 and Appeal pending.
Application for revocation or for a declaration of invalidity of the trademark registration was recorded on June 23, 2022.
The Appeal with reference B R2224/2023-1 was Cancellation rejected according to Article 59(1)(b) EUTMR with decision issued on July 28, 2024 by the EUIPO. The Cancellation with reference B 000055170 was EUTM cancelled according to Article 59(1)(b) EUTMR with decision issued on August 30, 2023 by the EUIPO.