Riga, November 15, 2025
The trademark attorneys of Agency TRIA ROBIT have helped their client successfully defend the registration of the European Union trademark in opposition proceedings before the European Union Intellectual Property Office.
The Polish company BISPOL sp. z o.o filed an opposition with the European Union Intellectual Property Office against the EU trademark MEMORIAL SERVICES (fig.) (No. 018965326) applied for by the Latvian company MEMORIAL SERVICES EU SIA. The opposition was based on the earlier EU trademark No. 011013406 and invoked Articles 8(1)(a) and 8(1)(b) of the Regulation (EU) No. 2017/1001 on the European Union trade mark (EUTMR), indicating that there is a likelihood of confusion between the earlier and the contested trade mark due to the similarity of the marks in question and the similarity of the goods and services.
In its decision, by which the opposition was rejected in its entirety, the Opposition Division of the EU Intellectual Property Office agreed with the arguments of the trademark attorneys of the Agency TRIA ROBIT that the evidence of use of the earlier trade mark submitted by the opponent does not indicate genuine use of the earlier contested trade mark during the relevant period as required by Article 47(2) of the Regulation in conjunction with Article 18(1)(2)(a) EUTMR, with the result that the opposition filed was rejected as unfounded. In addition, the Office also agreed with the reasoning of the trademark attorneys of the Agency TRIA ROBIT that the reference of the opponent to other trademark registrations after the expiry of the opposition period cannot be taken into account. The decision was not appealed and has entered into force, but the client received the registration of his trademark.
Thus, the TRIA ROBIT Agency once again helped its client to protect his intellectual property (trademark).
