The trademark EARTH WEAR ITALY was filed by Earthwear di Federico Lovo Impresa Individuale, a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on January 27, 2021, and received one opposition filed on March 25, 2021 by Earth, Inc. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by GEVERS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 25, 2021
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on January 18, 2021.
Goods And Services
The mark was filed in class 18 with following description of goods:
Travel luggage
Vanity cases, not fitted
Trunks [luggage]
Trunks and suitcases
Boston bags
Bags
Bucket bags
Shoulder bags
Weekend bags
Shopping bags
Canvas shopping bags
Canvas bags
Shopping bags made of skin
Textile shopping bags
Knitting bags
Book bags
Leather purses
Multi-purpose purses
Cosmetic purses
Clutch bags
Handbags
Straps for coin purses
Business card holders in the nature of wallets
Coin holders
Holders in the nature of cases for keys
Travel cases
Bumbags
Belt bags and hip bags
Leather wallets
Nappy wallets
Wallets, not of precious metal
Travelling sets
Rucksacks
Sling bags
Card holders made of leather
Document cases of leather
Boxes of leather or leatherboard
Boxes made of leather
Shoulder belts
Umbrellas.
The mark was filed in class 21 with following description of goods:
Insulating flasks
Vacuum flasks for holding food
Vacuum flasks for holding drinks
Thermally insulated flasks for household use.
The mark was filed in class 25 with following description of goods:
Clothing
Headgear
Parts of clothing and headgear
Waterproof clothing
Roll necks [clothing]
Casualwear
Thermally insulated clothing
Ladies' clothing
Weather resistant outer clothing
Girls' clothing
Tennis wear
Menswear
Outerclothing for boys
Clothing of imitations of leather
Woolen clothing
Boys' clothing
Sportswear
Leisurewear
Clothing for gymnastics
Silk clothing
Rainwear
Neckwear
Leisure suits
Imitation leather dresses
Leather dresses
Dresses made from skins
Housecoats
Bomber jackets
Blue jeans
Blazers
Bermuda shorts
Bandanas [neckerchiefs]
Woven clothing
Waterproof outerclothing
Linen clothing
Gym suits
Suspenders
Collared shirts
Button down shirts
Short-sleeve shirts
Mock turtleneck shirts
Turtleneck shirts
Open-necked shirts
Shirts
Blouses
Slacks
Breeches for wear
Clothing for men, women and children
Windproof clothing
Casual shirts
Leather belts [clothing]
Belts made from imitation leather
Belts [clothing]
Waist belts
Leather jackets
Cotton coats
Coats for men
Casual jackets
Beach clothes
Swim wear for gentlemen and ladies
Bathing suits
Scarves
Sweat shirts
Hooded sweatshirts
Down jackets
Rainproof jackets
Polar fleece jackets
Men's and women's jackets, coats, trousers, vests
Sweat jackets
Dinner jackets
Track jackets
Gilets
Jackets being sports clothing
Gloves including those made of skin, hide or fur
Skirts
Blousons
Denim jeans
Fleeces
Denims [clothing]
Weatherproof clothing
Raincoats
Winter gloves
Hooded tops
Short-sleeved T-shirts
Long-sleeved shirts
Sports jerseys
Sleeveless jerseys
Tracksuit tops
Running vests
Athletics vests
Padded shirts for athletic use
V-neck sweaters
Costumes
Polo sweaters
Mock turtleneck sweaters
Turtleneck sweaters
Sweaters
Warm-up tops
Fleece tops
Jogging tops
Shorts
Trunks
Face mask [clothing]
Face masks [fashion wear]
Short trousers
Trousers
Sweatpants
Tracksuit bottoms
Stretch pants
Tennis pullovers
Hooded pullovers
Long sleeve pullovers
Crew neck sweaters
Polo shirts
Polo knit tops
Collar protectors
Shawls
Fleece pullovers
Slipovers
Printed t-shirts
Dust coats
Mufflers [clothing]
Trench coats
Combinations [clothing]
Ladies' dresses
Berets
Peaked caps
Caps being headwear
Knitted caps
Sports caps
Hats
Fashion hats
Sun hats
Woolly hats
Bonnets [headwear].
The mark was filed in class 35 with following description of goods:
Advertising, marketing and promotional services
Advertising services relating to clothing
Organisation of promotions using audiovisual media
Dissemination of advertisements via the Internet
Distribution of flyers, brochures, printed matter and samples for advertising purposes
Distribution of promotional matter
Online advertisements
Provision of information and advisory services relating to e-commerce