018321416

Q

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October 13, 2020

Trademark Summary

The trademark Q was filed by Philip Perez, a national of the Federal Republic of Germany (the "Applicant") and Ira Yasmin Lehmann, a national of the Federal Republic of Germany (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on October 26, 2020, and received five oppositions.

Opposition Proceedings

There are five oppositions were filed:

• The first opposition filed on January 26, 2021 by ELON Group AB on Likelihood of confusion. the opponent was represented by ADVOKATFIRMAN LINDAHL KB and its proceedings were handled in English
• The second opposition filed on January 26, 2021 by QB Trademarks S.à r.l. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by HGF BV and its proceedings were handled in English
• The third opposition filed on January 26, 2021 by Q Tonic, LLC on Likelihood of confusion. the opponent was represented by FPS PARTNERSCHAFT VON RECHTSANWÄLTEN MBB and its proceedings were handled in English
• The fourth opposition filed on January 26, 2021 by Sky UK Limited on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by CMS CAMERON MCKENNA NABARRO OLSWANG POSNIAK I BEJM SP.K. and its proceedings were handled in English
• The fifth opposition filed on January 17, 2021 by CAFÈS NOVELL, S.A. on Likelihood of confusion. the opponent was represented by PONTI & PARTNERS, S.L.P and its proceedings were handled in English

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 003139219 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on January 23, 2022 by the EUIPO. The Opposition with reference B 003139724 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on January 26, 2022 by the EUIPO. The Opposition with reference B 003139777 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on March 29, 2022 by the EUIPO.

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Goods And Services

• The mark was filed in class 21 with following description of goods:
  
  1. Tableware, cookware and containers
  2. Articles for the care of clothing and footwear
  3. Household utensils for cleaning, brushes and brush-making materials
  4. Cosmetic and toilet utensils
  5. Statues, figurines, plaques and works of art, made of materials such as porcelain, terra-cotta or glass, included in the class
  6. Unworked and semi-worked glass, not specified for use.
• The mark was filed in class 25 with following description of goods:
  
  1. Clothing
  2. Headgear
  3. Footwear
  4. Parts of clothing, footwear and headgear.
• The mark was filed in class 30 with following description of goods:
  
  1. Ice, ice creams, frozen yogurts and sorbets
  2. Salts, seasonings, flavourings and condiments
  3. Processed grains, starches, and goods made thereof, baking preparations and yeasts
  4. Sugars, natural sweeteners, sweet coatings and fillings, bee products.
• The mark was filed in class 35 with Advertising, marketing and promotional services and Business assistance, management and administrative services..
• The mark was filed in class 41 with following description of goods:
  
  1. Sport services
  2. Publishing, reporting, and writing of texts
  3. Translation and interpretation.