The trademark Merak was filed by Merak spol. s.r.o., a corporation established under the laws of the Czech Republic (the "Applicant"). The application was published for oppositions on June 8, 2008, and received one opposition filed on September 8, 2008 by Merck KGaA on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Kölle, Jonas and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 8, 2008
The application was filed in Czech, and Czech was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 001387911 was refused according to Article 8(1)(b) CTMR with decision issued on November 21, 2010 by the EUIPO.