6-4-1 Communications

We are hereby sending you a copy of the notice of appeal received by the Office on 21/09/2011. The appeal has been filed against the decision of the Opposition Division.



The appeal has been assigned to the First Board of Appeal and has been attributed the reference number R1933/2011-1. Please quote this number in all future correspondence with the Office concerning this appeal.



At the moment you are receiving this appeal for information purposes only. […]

Your notice of opposition directed against the above mentioned trade mark for “orangeways.com”, was received by the Office on 24/11/2010.



It was given the above opposition number.



Please quote this number in all future communication about the opposition.



Your notice of opposition has been communicated to the applicant/holder, at this stage only for information. The Office will first examine the admissibility of the opposition.

On examination of the application the following deficiencies have been noted:
the representation of the trade mark is deficient because […]

Your application was received in the Office on 15/09/2009, and assigned the above file number. All future contact or correspondence with the Office in relation to this application should quote this number.



If the requirements of Article 27 CTMR are met, the filing date for this mark will be 15/09/2009. […]

The application was not accorded the date of application as a filing date because of deficiencies, namely,



(x) the basic CTM fee has not been paid within one month of the filing of the application.



The deficiencies brought to your attention by Office communication on 26/11/2009 have been remedied within the two month period specified in that communication.



The filing date to be accorded is, in accordance with Rule 9(2) of the Implementing Regulation, the date on which all deficiencies were remedied. Accordingly, it is hereby decided that the application is accorded 28/01/2010 as its filing date. […]

An examination of the application has shown that:



(x) the basic CTM fee has not been paid within one month of the filing of the application.



A filing date cannot be accorded to the application until the deficiency is remedied. […]

Attached you find a copy of a notice of opposition, which was received by the Office on 24/11/2010. It was given the following number of opposition: B 001760100



At this stage, you receive the opposition for information only (Rule 16a of the Implementing Regulation). The Office will first examine its admissibility. You are not expected to comment on the admissibility of the opposition. […]

Please see attached the decision which ends the opposition proceedings referred to above. It was delivered on 25/08/2011.

In the absence of any observations in reply by the applicant/holder, the Office informs you that it shall give a ruling on the opposition on the basis of the evidence before it.

Your opposition has now been found admissible at least in so far as it is based on the following earlier right: CTM 8164758. […]



If you have not already done so, you must substantiate the above earlier right which has been found admissible, and any other earlier rights filed as bases of the opposition, within the time limit set below. If this is not the case any non-substantiated earlier rights will not be taken into account.



The relevant periods and time limits for the present proceedings are as follows: […]

The facts, evidence and arguments which you presented in support of your opposition have been forwarded to the applicant/holder for consideration.



The applicant/holder must respond by 18/07/2011.



Should the applicant/holder reply, the Office will send you a copy of the submitted materials and set you a time limit of two months during which you may submit your observations in reply. Otherwise, the Office will take a decision on the basis of the evidence before it.