The trademark CLAYS was filed by FIN.GYM S.R.L., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on December 21, 2020, and received one opposition filed on March 18, 2021 by Clays Sports Management GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by LINDENPARTNERS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 18, 2021
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003143024 was refused according to Article 8(1)(b) EUTMR with decision issued on February 27, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Liquid perfumes
Toilet water
Body sprays
All the aforesaid goods being exclusively liquid or spray and without clay in the composition thereof.
The mark was filed in class 18 with following description of goods:
Bags
Gym bags
Holdalls for sports clothing
Handbags
Rucksacks
Daypacks
School knapsacks
Trunks and suitcases
Key cases
Key-cases of leather and skins
Pocket wallets
Document cases of leather
Card wallets [leatherware]
Make-up bags sold empty
Umbrellas.
The mark was filed in class 25 with following description of goods:
Clothing for men, women and children
Skirts
Trousers
Trousers shorts
Denim jeans
Shirts
Blouses
Jerseys [clothing]
Sweaters
Undershirts
Polo shirts
Vest tops
Snow suits
Jogging sets [clothing]
Cloaks
Stuff jackets [clothing]
Casual jackets
Blousons
Stuff jackets [clothing]
Jackets [clothing]
Cagoules
Raincoats
Hats
Headgear
Collar protectors
Gloves [clothing]
Cravats
Bathing suits
Bonnets
Waist belts
Shoes
Footwear
Slippers
Sandals
Stockings
Socks
Tights
Tights
Boots
Dressing gowns
Underwear
Sportswear
Sweat shirts
Scarves
Evening wear
Hosiery
Sweatbands
Bandanas [neckerchiefs].
The mark was filed in class 28 with following description of goods:
Body training apparatus [exercise]
Body-building apparatus [exercise]
Portable home gymnastic apparatus
Body toner apparatus [exercise]
Gymnastic and sporting articles
Martial arts training equipment
Sports equipment
Indoor fitness apparatus
Stationary exercise bicycles
Rollers for stationary exercise bicycles
Yoga blocks
Bags specially adapted for sports equipment
Weight lifting belts [sports articles]
Yoga straps
Sling shots [sports articles]
Cases adapted for sporting articles
Swimming equipment
Exercise bands
Hand wraps for sports use
Sparring gloves
Weight lifting gloves
Protective paddings [parts of sports suits]
Kettle bells
Dumb-bells
Face masks for sports
Bats [sporting articles]
Medicine balls
Sportballs
Ankle and wrist weights for exercise
Leg weights [sports articles]
Punching bags
Boxing rings
Punching bags
Men's athletic supporters [sports articles].
The mark was filed in class 41 with following description of goods: