The trademark ACTIVE PANTHER was filed by Active Cheetah B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on February 16, 2021, and received one opposition filed on March 23, 2021 by EL CORTE INGLES, S.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by J.M. TORO, S.L.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 23, 2021
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 18 with following description of goods:
Leather and imitations of leather
Animal skins and hides
Trunks (luggage) and carrying bags
Umbrellas and parasols
Walking staffs, Including for sporting purposes
Bags, Including the following goods: Shoulder bags, Handbags, Sports bags, travel bags and Travelling bags
Rucksacks
Purses, wallets
Credit-card holders
Coin holders
Cases
Key cases and cases
Luggage tags
Luggage covers
Garment carriers
Toiletry bags
Parts for the aforesaid goods included in this class
All the aforesaid goods, for use in the following fields: Sports and/or fitness.
The mark was filed in class 21 with following description of goods:
Household or kitchen utensils and containers
Cooking and table utensils, other than knives, forks and spoons
Combs and sponges
Brushes
Cleaning brushes for sports equipment
Material for brush-making
Cleaning articles
Unworked or semi-worked glass, except building glass
Glassware, chinaware, porcelain and earthenware
Drinking vessels
Sports bottles sold empty
Water bottles
Cocktail shakers
Shaker bottles
Water bottles
Bar ware, including corkscrews and bottle openers
Pill and supplement boxes for personal use
Parts for the aforesaid goods, included in this class.
The mark was filed in class 25 with following description of goods:
Clothing, footwear, headgear
Socks and stockings
Sportswear
Athletic shoes
Sports socks
Exercise & jogging suits
Bathing wear
Underwear
Underwear and lingerie
Peaked caps, caps
Headbands [clothing]
Scarves and neckties
Gloves and mittens
Straps and belts
Parts for the aforesaid goods, included in the class
All the aforesaid goods, for use in the following fields: Sports and / or Fitness.
The mark was filed in class 27 with following description of goods:
Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors
Non-textile wall coverings
Mats for use in sporting activities
Fitness mats
Yoga mats
Play mats
Play mats
Parts of all aforesaid goods included in this class.
The mark was filed in class 35 with following description of goods:
Business intermediary services in the purchase, sale, import, export, wholesaling and retailing of leather and imitations of leather
Animal skins, Trunks and carrying bags, Umbrellas, parasols and walking sticks, the aforesaid goods including for athletic purposes, Parts of the aforementioned goods
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing, in relation to the following goods: Panniers, Including shoulder bags, handbags, sports bags, overnight bags and travel bags, Rucksacks, wallets, Purses and change purses, Credit card holders, Coin holders, Cases, key cases and cases, Luggage labels, Luggage covers, carriers for clothing, Toilet bags, Parts of the aforementioned goods, all the aforesaid goods, for use in the following fields: Sports and / or fitness
Commercial business mediation in the purchase and sale, import and export and wholesaling and retailing relating to utensils and tableware for the household or the kitchen, kitchen and table utensils, besides forks, knives and spoons, combs and sponges, brushes (except paint brushes), brushes for cleaning sports equipment, brush manufacturing materials, cleaning material, non-processed or semi-processed glass, except glass for construction purposes, components for the aforesaid goods
Business mediation in the purchase and sale, import and export and wholesaling and retailing of glass, china and pottery
Drinkware
Sport bottles sold empty
Water flasks
Cocktail shakers
Cocktail shakers
Bidons
Bar ware, including corkscrews and bottle openers
Pill and supplement boxes for personal use
Parts of the aforementioned goods
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing, in relation to the following goods: Articles of clothing, Shoes and headgear, Socks and stockings, Sportswear, sports shoes, sports socks, Training and jogging packages, Swimsuits, body linen, Lingerie and intimate wear, Bonnets and caps, Headbands, Scarves and neckties, gloves and mittens, Straps and belts, Parts of the aforementioned goods, all the aforesaid goods, for use in the following fields: Sports and / or fitness
Commercial business mediation in the purchase and sale, import and export, and wholesaling and retailing relating to carpets, floor mats, mats, linoleum and floor coverings, wall coverings, not of textile, mats for use in sporting activities, fitness mats, yoga mats, activity playmats, playmats, parts of the aforesaid goods
Commercial business mediation in the purchase and sale, import and export, and wholesaling and retailing of sporting goods and sports equipment
Compilation and management of data files
Consultancy and information regarding the aforesaid services
The aforesaid services also provided via electronic networks, including the Internet.