Board of Appeal not convinced by father's argument that he sought to protect son's name as a trademark

The Board of Appeal has upheld dairy company AS TERE’s opposition against the registration of the mark ATS for “milk and dairy products” and “ice cream”, and upheld the opposition by Ats Teder, a minor, against AS TERE’s application for the mark TERE ATS for non-dairy products. Among other things, the board found that Ats Teder’s father must have been aware of AS TERE’s use of its mark for dairy products before he filed the application for the ATS mark in his son’s name.