The trademark Spirit Garden was filed by Peter Mertes KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on February 14, 2023, and received one opposition filed on May 14, 2023 by MHCS on Likelihood of confusion. the opponent was represented by STRATO-IP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 14, 2023
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 003195949 was refused according to Article 8(1)(b) EUTMR with decision issued on May 21, 2024 by the EUIPO. The Appeal with reference B R1436/2024-2 was Other according to Article 8(1)(b) EUTMR with decision issued on June 17, 2025 by the EUIPO.
The application claimed as seniority of the Federal Republic of Germany trademark 3020220119141 registered on August 29, 2022 and filed on July 15, 2022 which was accepted by the office.