The trademark MOTHER'S CHOICE was filed by EVERY MOTHERS CHOICE (PTY) LTD, a corporation established under the laws of the Republic of South Africa (the "Applicant"). The application was published for oppositions on February 8, 2021, and received one opposition filed on May 9, 2021 by Mother LLC on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by D YOUNG & CO LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 9, 2021
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).
The Opposition with reference B 003146210 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on March 5, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 18 with following description of goods:
Unworked or semi-worked leather and animal skins
Imitations of leather
Stout leather
Leather used for linings
Goods made of leather or imitations of leather, namely baby carrying bags, garment carriers for suits and dresses, backpacks for carrying babies, infant carriers worn on the body, boxes made of leather, hat boxes and trolley duffels, wheeled bags and wheeled shopping bags
Boxes and trunks made of leather or stout leather
Trunks [luggage]
Suitcases
Umbrellas
Parasols
Sun umbrellas
Walking sticks
Whips
Harness
Saddlery
Stirrups
Straps of leather (saddlery).
The mark was filed in class 24 with following description of goods:
Woven or non-woven textile fabrics
Textile goods for household use, not included in other classes: curtains