The trademark EarPod was filed by Dongguan Sawanlai Electronic Commerce Co., Ltd., a corporation established under the laws of the People's Republic of China (the "Applicant"). The application was published for oppositions on August 16, 2023, and received one opposition filed on November 13, 2023 by Apple Inc. on (a) Art. 8(4), (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by CMS CAMERON MCKENNA NABARRO OLSWANG POSNIAK I BEJM SP.K. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 13, 2023
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
The Opposition with reference B 003206932 was refused according to Article 8(4) EUTMR with decision issued on September 24, 2024 by the EUIPO.