The trademark B was filed by EMBASSY Sporthandel GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on May 25, 2020, and received one opposition filed on August 3, 2020 by BEST Sport & Freizeit GmbH on Likelihood of confusion. the opponent was represented by EISENFÜHR SPEISER PATENTANWÄLTE RECHTSANWÄLTE PARTGMBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 3, 2020
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003127426 was rejected according to Article 8(1)(b) EUTMR with decision issued on August 7, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 25 with following description of goods:
Tennis wear
Tennis dresses
Tennis socks
Tennis shorts
Tennis shoes
Tennis skirts
Tennis pullovers
Tennis shirts
Clothing
Footwear
Headgear
Athletic tights
Moisture-wicking sports shirts
Padded pants for athletic use
Casual shirts
Jackets being sports clothing
Sports headgear [other than helmets]
Sports bras
Sportswear
Sports pants
Sports jackets
Sports caps and hats
Boots for sports
Sports socks
Sports jerseys
Sports singlets
Maillots [hosiery]
Sweat shirts.
The mark was filed in class 28 with following description of goods:
Sporting articles and equipment
Barrels for darts
Dart board cabinets
Dart boards
Dart mats
Darts
Electronic dart games
Holders for darts
Dart shafts
Dart wallets
Dart board overlays
Containers adapted for holding darts
Containers adapted for holding darts flights
Skittles
Billiard cues
Billiard tables
Billiard balls
Chalk for billiard cues
Pool table cushions
Billiard cue tips
Billiard equipment
Billiard markers
Billiard bumpers
Pool rests
Coin-operated billiard tables
Nets for billiard tables
Billiard tally balls
Billiard game playing equipment
Billiard ball triangles
Platform tennis nets
Table tennis balls
Tables for table tennis
Table tennis paddles
Table tennis net posts
Grip bands for table tennis bats
Coverings for table tennis bats
Table tennis racket covers (Shaped -)
Protective paddings [parts of sports suits]
Protective covers for rackets
Shock absorbtion pads for protection against injury [sporting articles]