The trademark UMI was filed by E HROAD INTERNATIONAL CO., LIMITED, a corporation established under the laws of Hong Kong, Special Administrative Region of the People's Republic of China (the "Applicant"). The application was published for oppositions on January 20, 2021, and received one opposition filed on April 19, 2021 by Amazon Europe Core S.à r.l. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Morgan, Lewis & Bockius LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 19, 2021
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on September 26, 2021.
The Opposition with reference B 003144793 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on June 14, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 7 with following description of goods:
Road sweeping machines, self-propelled
Washing apparatus
Snow ploughs
Machines and apparatus for cleaning, electric
Filtering machines
Beaters, electric
Packaging machines for food
Beverage preparation machines, electromechanical
Juice extractors, electric
Cigarette machines for industrial purposes
Dishwashers
Coffee grinders, other than hand-operated
Industrial robots
Washing machines [laundry]
Central vacuum cleaning installations
Dust removing installations for cleaning purposes
Waste disposal units
Vacuum cleaners
Rechargeable sweepers
Cordless vacuum cleaners.
The mark was filed in class 11 with following description of goods:
Light bulbs
Lighting apparatus and installations
Nail lamps
Bakers' ovens
Structural framework for ovens
Toasters
Heaters, electric, for feeding bottles
Multicookers
Air fryers
Hair dryers
Microwave ovens [cooking apparatus]
Chocolate fountains, electric
Food dehydrators, electric
Ice-cream making machines
Gas scrubbing apparatus
Laundry dryers, electric
Air humidifiers
Humidifiers
Disinfectant apparatus
Filters for drinking water.
The mark was filed in class 12 with following description of goods:
Bicycles
Electric bicycles
Mobility scooters
Self-balancing electric unicycles
Bicycle bells
Mopeds
Vehicle wheels
Delivery drones
Bicycle motors
Bicycle wheels
Push scooters [vehicles]
Self-balancing scooters
Trucks
Motorcycles
Baskets adapted for bicycles
Electric vehicles
Cars
Motors, electric, for land vehicles
Vehicles for locomotion by land, air, water or rail
Bicycle trailers.
The mark was filed in class 35 with following description of goods:
Demonstration of goods
Advertising
Publicity
Online advertising on a computer network
Presentation of goods on communication media, for retail purposes
Providing commercial information and advice for consumers in the choice of products and services
Commercial administration of the licensing of the goods and services of others
Outsourcing services [business assistance]
Import-export agency services
Auctioneering
Sales promotion for others
Provision of an online marketplace for buyers and sellers of goods and services
Targeted marketing
Updating and maintenance of data in computer databases
Accounting
Business auditing
Sponsorship search
Retail services for pharmaceutical, veterinary and sanitary preparations and medical supplies
Wholesale services for pharmaceutical, veterinary and sanitary preparations and medical supplies