The trademark THE HEY was filed by ACRON AG, a corporation established under the laws of the Swiss Confederation (the "Applicant"). The application was published for oppositions on January 28, 2021, and received one opposition filed on February 3, 2021 by WertInvest Hotelbetriebs GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Blumauer & Partner Rechtsanwälte GmbH and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 3, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on September 16, 2021. Change of name and professional address of the trademark registration was recorded on December 21, 2021.
The Opposition with reference B 003140142 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on June 26, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Toiletries
Cleaning and fragrancing preparations
Essential oils and aromatic extracts.
The mark was filed in class 16 with Stationery and educational supplies and All the aforesaid goods in connection with hotel services..
The mark was filed in class 18 with Umbrellas and All the aforesaid goods in connection with hotel services..
The mark was filed in class 25 with following description of goods:
Bath robes
Hooded bathrobes
Swim wear for gentlemen and ladies
Scarves
Rainwear.
The mark was filed in class 35 with following description of goods:
Hotel management service [for others]
Business management of hotels
Consultancy services relating to the administration and management of hotels.
The mark was filed in class 41 with Education, entertainment and sport services.
The mark was filed in class 43 with following description of goods:
Providing food and drink in restaurants and bars
Bar services
Restaurant services provided by hotels
Hotel restaurant services
Bar and restaurant services
Hospitality services [food and drink]
Corporate hospitality (provision of food and drink)
Arranging of meals in hotels
Serving food and drink for guests in restaurants
Arranging of wedding receptions [food and drink]
Serving food and drinks
Hotels, hostels and boarding houses, holiday and tourist accommodation
Provision of event facilities and temporary office and meeting facilities.