The trademark ELEMENTY was filed by Elementy Wear sp. z o.o., a corporation established under the laws of the Republic of Poland (the "Applicant"). The application was published for oppositions on May 4, 2021, and received two oppositions.
There are two Oppositions claimed against trademark.
The first opposition filed on August 4, 2021 by ELEVENTY WORLD S.R.L. on Likelihood of confusion. the opponent was represented by JACOBACCI & PARTNERS S.P.A. and its proceedings were handled in English The second opposition filed on July 27, 2021 by Boardriders IP Holdings, LLC on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by HOGAN LOVELLS and its proceedings were handled in English
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003152091 was rejected according to Article 8(1)(b) EUTMR with decision issued on August 16, 2022 by the EUIPO.