The trademark UNLEASH THE LION was filed by MAVIC S.à r.l., a corporation established under the laws of the Grand Duchy of Luxembourg (the "Applicant"). The application was published for oppositions on April 27, 2020, and received one opposition filed on July 26, 2020 by Monster Energy Company on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BIRD & BIRD LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 26, 2020
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003126816 was partially refused EUTMA/IR according to Article 8(1)(a) EUTMR with decision issued on March 4, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 25 with following description of goods:
Clothing, footwear, headgear
Tee-shirts
Polo shirts, Sweaters
Hooded sweaters
Jackets [clothing], Sweat jackets
Caps [headwear]
Caps
Shawls
Headbands [clothing]
Cuffs
Costumes
Belts[clothing]
Underwear
Socks
Coveralls
Gloves [clothing].
The mark was filed in class 35 with following description of goods:
Business administration
Office functions
Accounting
Conducting of business
Business organisation
Business advice relating to franchising
Business consultancy relating to e-commerce
Business project management
Commercial business mediation in the purchase and sale, import and export, and wholesaling and retailing of bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices, toiletries, shampoos, non-medicated body care preparations
Commercial business mediation in the purchase and sale, import and export, and wholesaling and retailing of bath and shower preparations, not for medical purposes, fragrances, deodorants, toilet water, eau de cologne, shaving preparations and after-shave preparations, massage oils, essential oils and aromatic extracts, cleaning and fragrancing preparations, common metals and their alloys
Business mediation in the purchase and sale, import and export, and wholesaling and retailing of metal building materials, transportable buildings of metal, non-electric cables and wires of common metals, ironmongery, small items of metal hardware, pipes and tubes of metal, safes, key rings and parts for all the aforesaid goods
Business mediation in the purchase and sale, import and export, and wholesaling and retailing of scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments and parts for the aforesaid goods
Business mediation in the purchase and sale, import and export, and wholesaling and retailing of navigation apparatus (positioning, route and course plotting apparatus), monitoring devices, apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity and parts for all the aforesaid goods
Business mediation in the purchase and sale, import and export, and wholesaling and retailing of apparatus for recording, transmission or reproduction of sound or images or data (including televisions, radios, car radios and CD and DVD players), headphones, magnetic and optical image, sound and data recording discs and parts for all the aforesaid goods
Business mediation in the purchase and sale, import and export, and wholesaling and retailing of CDs, DVDs and other digital recording media, smart cards, mechanisms for coin-operated apparatus, cash cards (magnetic), cash registers, calculating machines, batteries, accumulators, chargers for batteries and accumulators, data processing equipment, computers and parts for all the aforesaid goods
Business mediation in the purchase and sale, import and export, and wholesaling and retailing of mobile telephones, smartphones, laptop computers, tablets and other such mobile telecommunication and multimedia apparatus, covers for mobile telephones, smartphones, laptop computers, tablets and other such mobile telecommunication and multimedia apparatus and parts for all the aforesaid goods
Business mediation in the purchase and sale, import and export, and wholesaling and retailing of holders for mobile telephones, smartphones, laptop computers, tablets and other such mobile telecommunication and multimedia apparatus, computer hardware, computer software, software applications, web applications, games software, downloadable publications, audio, video and film material and parts for all the aforesaid goods
Business mediation in the purchase and sale, import and export, and wholesaling and retailing of media content, downloadable ring tones, car kits and parts for all the aforesaid goods
Business mediation in the purchase and sale, import and export, and wholesaling and retailing of accessories for mobile telephones, smartphones, laptop computers, tablets and other such mobile telecommunication and multimedia apparatus (namely cables, antennas, wiring, computer software, computer hardware, headphones, microphones, transmitters, chargers) and parts for all the aforesaid goods
Business mediation in the purchase and sale, import and export, and wholesaling and retailing of accessories for mobile telephones, smartphones, laptop computers, tablets and other such mobile telecommunication and multimedia apparatus (namely car kits, docking stations, screens for smartphones, screen protectors, protective films for LED screens for smartphones) and parts for all the aforesaid goods
Business mediation in the purchase and sale, import and export, and wholesaling and retailing of accessories for mobile telephones, smartphones, laptop computers, tablets and other such mobile telecommunication and multimedia apparatus (namely speakers, specially adapted sports armbands, batteries and power banks) and parts for all the aforesaid goods
Business mediation in the purchase and sale, import and export, and wholesaling and retailing of fire-extinguishing apparatus, information technology and audiovisual apparatus, decorative magnets (including refrigerator magnets), apparatus, instruments and cables for electricity, safety, security, monitoring and signalling devices and parts for all the aforesaid goods
Business mediation in the purchase and sale, import and export, and wholesaling and retailing of clothing, footwear and headgear, for the prevention of injury, head, face, teeth and eye protection, protective helmets, noise-cancelling ear plugs, goggles, spectacles, sunglasses, cases for spectacles and sunglasses and parts for all the aforesaid goods
Business mediation in the purchase and sale, import and export, and wholesaling and retailing of precious metals and their alloys and trinkets, works of art, trophies, key rings, key holders and key chains made therefrom or coated therewith, jewellery, precious stones, horological and chronometric instruments, clocks, watches, medals, coins and parts for all the aforesaid goods
Business mediation in the purchase and sale, import and export, and wholesaling and retailing of jewellery boxes and watch boxes, paper, cardboards and sacks and bags made therefrom, bookbinding material, photographs, stationery, adhesives for stationery or household purposes, artists' materials, paintbrushes, typewriters and office requisites and parts for all the aforesaid goods
Business mediation in the purchase and sale, import and export, and wholesaling and retailing of instructional and teaching material, plastic materials for packaging, printers' type, printing blocks, books, magazines, tissues, plastic bags, folders for papers, diaries, cards, labels, stickers, transfers (decalcomanias), pens, pencils, cases for stationery and parts for all the aforesaid goods
Business mediation in the purchase and sale, import and export, and wholesaling and retailing of wrapping paper, paper for wrapping and packaging, flags of paper, bookmarks, book covers, calendars, gift certificates, prints, posters, works of art and figurines of paper and cardboard, decoration and art materials and media and parts for all the aforesaid goods
Commercial business mediation in the purchase and sale, import and export, and wholesaling and retailing of stationery and educational supplies, money clips of precious metals, money clips of metal, leather and imitations of leather and credit card cases and holders made therefrom, animal skins, trunks and travelling bags, bags, handbags, rucksacks, bags for sports and parts for all the aforesaid goods
Commercial business mediation in the purchase and sale, import and export, and wholesaling and retailing of paper bags, refuse bags, towels of textile, table plates, cups, mugs, cutlery, table cloths, tissues, coasters, paper for cleaning, bags, handkerchiefs and table napkins and parts for all the aforesaid goods
Business mediation in the purchase and sale, import and export, and wholesaling and retailing of garment carriers, luggage tags, purses, wallets, umbrellas and parasols, walking sticks, whips, harness and saddlery, household or kitchen utensils and containers, cups, mugs, holders for cups, mugs and tin cans, combs and sponges, brushes and parts for all the aforesaid goods
Business mediation in the purchase and sale, import and export, and wholesaling and retailing of brush-making materials, articles for cleaning purposes, steelwool, unworked or semi-worked glass, glassware, porcelain and earthenware, statues, figurines, plaques and works of art of porcelain, terracotta or glass, textiles and textile goods, fabrics for textile use, bed covers, bedding and blankets and parts for all the aforesaid goods
Business mediation in the purchase and sale, import and export, and wholesaling and retailing of table covers, table linen, linens, bath linen, towels, tea towels, flags, handkerchiefs, clothing, footwear, headgear, T-shirts, polo shirts, sweaters, hooded sweaters, jackets, sweatjackets, caps, shawls, headbands (clothing), wristbands, suits, belts, underwear and parts for all the aforesaid goods
Business mediation in the purchase and sale, import and export, and wholesaling and retailing of socks, coveralls, gloves, lace and embroidery, ribbons and braid, buttons, hooks and eyes, pins and needles, ornamental novelty badges (buttons) and pins, badges, lanyards (cords) for wear, zippers, decorations for the hair, hair pins, belt clasps, artificial flowers and parts for all the aforesaid goods
Business mediation in the purchase and sale, import and export, and wholesaling and retailing of games and playthings, gymnastic and sporting articles, decorations for Christmas trees, electronic toys, action figures, miniature car models, scale model vehicles or figures, remote controlled scale model vehicles, scale model helmets and parts for all the aforesaid goods
Business mediation in the purchase and sale, import and export, and wholesaling and retailing of computer game apparatus, coin-operated amusement machines, electronic arcade games, bags specially designed for gymnastic and sporting articles and parts for all the aforesaid goods
Business mediation in the purchase and sale, import and export, and wholesaling and retailing of vehicles, parts and fittings for vehicles, and promotional material
Administrative processing and organising of mail order services
Business project management, also relating to the sports industry
Business mediation and consultancy in the commercialisation of goods and services
Business services for a fan club
Business mediation in the bringing together of supply and demand for various goods and services to be discounted for members of a fan club
Office functions in the context of seat reservation and issuing of tickets
News clipping services
Compiling, managing and processing data files
Consultancy and information regarding the aforesaid services
The aforesaid services also provided via electronic networks, such as the Internet.
The mark was filed in class 41 with following description of goods:
News programme services
Photographic reporting
Driving instruction in road safety
Conducting of tests and examinations
Publishing, distribution, issuing and lending of books, magazines, newspapers, articles, news reports, press releases, leaflets, brochures, information bulletins, periodicals and other printed matter, including in digital form, including of audiovisual and multimedia productions
Consultancy and information regarding the aforesaid services
The aforesaid services also provided via electronic networks, such as the Internet.