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1. Decision on Opposition No B 2 226 952 – Aspire
1. Opposition No B 2 226 952 is partially upheld, namely for the following contested services:
Class 41: Education and providing of training.
2. Community trade mark application No 11 827 656 is rejected for all the above services. It may proceed for the remaining services in Class 41 as well as for the remaining non-contested goods and services.
3. Each party its own costs.
According to Article 85(1) CTMR, the losing party in opposition proceedings must the fees and costs incurred by the other party. According to Article 85(2) CTMR, where each party succeeds on some heads and fails on others, or if reasons of equity so dictate, the Opposition Division shall decide a different apportionment of costs.
Since the opposition is successful only for part of the contested services, both parties have succeeded on some heads and failed on others. Consequently, each party has to its own costs.
2. Decision on Opposition No B 1 760 100 – Orange.Ways
1. Opposition number B 1 768 152 is upheld for all the contested services.
2. Community trade mark application number 8 596 439 is rejected in its entirety.
3. The applicant the costs, fixed at EUR 650.
According to Article 85(1) CTMR, the losing party in opposition proceedings must the fees and costs incurred by the other party.
Since the applicant is the losing party, it must the opposition fee as well as the costs incurred by the opponent in the course of these proceedings.
According to Rule 94(3)(6) and (7)(d)(i) CTMIR, the costs to be paid to the opponent are the opposition fees and the costs of representation which are to be fixed on the basis of the maximum rate set therein.