On 27 September 2012, the first opposition decision (No 01/2012, with reference to opposition case No. 7/2011) was issued by the Italian PTO,

holding a likelihood of confusion between:

• the Italian application No. MI2011C007751 BLUEMARE (figurative), filed for class 25 goods in the name of Mr. Liu Ruoai, on the one hand, and

• the BLUMARINE (word) mark (with rights reverting to 1977), covering identical goods and owned by the Italian group Blufin S.p.A. , on the other,

and awarding the refund of the official opposition fees of Euro 250 by the applicant to the winning party.

The decision structure strongly recalls the OHIM opposition decisions lay out.

An appeal against the decision is possible within 60 days from the date of receipt of the decision.

While the Italian PTO opposition decisions must mandatorily be handed down within 24 months from the date of filing of the opposition notice (without taking into account the cooling-off period and the period during which proceedings may have been suspended), from the timing of the above decision (and considering the new procedure’s growing pains), the current time frame for obtaining a decision in an opposition case appears to be less than one year from filing the opposition.