The trademark The New Rose was filed by Victoria Müller, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on February 15, 2021, and received one opposition filed on April 8, 2021 by ROSE Bikes GmbH on Likelihood of confusion. the opponent was represented by WEBER & SAUBERSCHWARZ and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 8, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003143888 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on July 10, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Sunglasses
Spectacle frames made of metal or of a combination of metal and plastic
Spectacle frames made of plastic
Eyewear pouches
Spectacle cases.
The mark was filed in class 14 with following description of goods:
Jewellery
Time instruments
Wristwatches
Chronographs [watches]
Pocket watches
Parts for clockworks
Watch bands.
The mark was filed in class 18 with following description of goods:
Luggage
Travelling bags
Handbags
Briefcases
Pocket wallets
Purses
Vanity cases, not fitted
Cosmetic purses
Rucksacks
Key cases.
The mark was filed in class 25 with following description of goods:
Clothing
Headgear
Footwear
Waist belts.
The mark was filed in class 35 with following description of goods:
Retail services in relation to bags
Retail services in relation to luggage
Retail services in relation to time instruments
Retail services in relation to headgear
Retail services in relation to footwear
Retail services in relation to clothing
Retail services in relation to jewellery
Retail store services in the field of clothing
Retail services in relation to clothing accessories
Retail services in relation to fashion accessories
Online retail store services relating to clothing.