The trademark BOSS BB was filed by GUANGZHOU BOSS BB BIOTECHNOLOGY CO., LTD, a corporation established under the laws of the People's Republic of China (the "Applicant"). The application was published for oppositions on February 3, 2021, and received three oppositions.
Opposition Proceedings
There are three Oppositions claimed against trademark.
The first opposition filed on May 2, 2021 by BOOST NUTRITION C.V. on Likelihood of confusion. the opponent was represented by Garreta Rodríguez, María José and its proceedings were handled in English The second opposition filed on April 27, 2021 by HUGO BOSS Trade Mark Management GmbH & Co. KG on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by DENNEMEYER & ASSOCIATES and its proceedings were handled in English The third opposition filed on April 12, 2021 by BlackBerry Limited on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BRANDSTORMING and its proceedings were handled in English
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
The Opposition with reference B 003145507 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on July 18, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Electronic collars to train animals
Dog whistles
Animal signalling rattles for directing livestock
Counters
Scales
Measures
Wearable activity trackers
Life jackets for pets
Electronic animal identification apparatus
Sunglasses for pets
Downloadable software applications for mobile phones.
The mark was filed in class 20 with following description of goods:
Furniture
Chests for toys
Mats, removable, for sinks
Wind chimes [decoration]
Nameplates, not of metal
Beds for household pets
Kennels for household pets
Pet cushions
Nesting boxes for household pets
Locks, other than electric, not of metal
Scratching posts for cats
Pet grooming tables
Works of art made of bamboo and wood.
The mark was filed in class 21 with following description of goods:
Containers for household or kitchen use
Glass flasks [containers]
Pottery
Drinking vessels
Toilet utensils
Brushes
Floss for dental purposes
Cosmetic utensils
Heat-insulated containers
Cleaning instruments, hand-operated
Electric devices for attracting and killing insects
Litter trays for pets
Cages for household pets
Combs for animals
Litter boxes for pets
Toothbrushes for pets
Automatic potty for pets
Pet feeding utensils.
The mark was filed in class 28 with following description of goods:
Games
Toys
Toys for pets
Playing balls
Hunting game calls
Fishing tackle
Body-building apparatus
Inflatable swimming pools [play articles]
Camouflage screens for hunting purposes
Flying discs
Swimming rings
Ornaments for Christmas trees, except lights, candles and confectionery.
The mark was filed in class 31 with following description of goods: