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.
Goods And Services
The mark was filed in class 21 with following description of goods:
Tableware, cookware and containers
Articles for the care of clothing and footwear
Household utensils for cleaning, brushes and brush-making materials
Cosmetic and toilet utensils
Statues, figurines, plaques and works of art, made of materials such as porcelain, terra-cotta or glass, included in the class
Unworked and semi-worked glass, not specified for use.
The mark was filed in class 25 with following description of goods:
Clothing
Headgear
Footwear
Parts of clothing, footwear and headgear.
The mark was filed in class 30 with following description of goods:
Ice, ice creams, frozen yogurts and sorbets
Salts, seasonings, flavourings and condiments
Processed grains, starches, and goods made thereof, baking preparations and yeasts
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: