Saturday, 8 September 2012

T 1034/08 – Abbreviations

This decision contains an interesting paragraph dealing with the admissibility of the opposition:

[1] A natural or legal person filing an opposition must be identifiable at the latest at the end of the opposition period. The notice of opposition was filed on behalf of GSK Biologicals SA, a legal entity having its place of business in Belgium.

The notice of appeal was filed on behalf of GlaxoSmithKline Biologicals SA.

Both GSK Biologicals SA and GlaxoSmithKline Biologicals SA have the same address.

In principle, the use of an abbreviation instead of the full name of a legal entity does not render an opposition inadmissible, as long as the partys identity can be established.

In the view of the board there remains no reasonable doubt that the abbreviation GSK stands for GlaxoSmithKline.

In this context, reference is made to the Certificate of the associated notaries Vroninks & Rickers of 27 February 2012, submitted by the appellant-opponent with letter dated 29 February 2012, according to which the Belgian Company Law allows the co-existence of more than one company name, one being the primary name and the others being(s) the alternative name(s). Said Certificate further indicates that GlaxoSmithKline Biologicals, which is the sole primary name, may be abbreviated to GSK Biologicals. The board concludes therefrom that GSK Biologicals does not constitute an incorrect designation of the opponent.

The board further concludes that the opposition and the appeal were filed by the same legal entity. As a consequence, both the opposition and the appeal filed by the appellant-proprietors are admissible (R 77 and R 101).

Should you wish to download the whole decision, just click here.

The file wrapper can be found here.