The trademark SPORT FIRST was filed by Hans Paul Schmid, a national of the Italian Republic (the "Applicant"). The application was published for oppositions on July 28, 2022, and received one opposition filed on October 25, 2022 by Fitness First Germany GmbH on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by OSBORNE CLARKE (HAMBURG) and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 25, 2022
The application was filed in German, and German was also language of all opposition proceedings (Italian was selected as the second language).