The trademark BOSSEUR was filed by Gladys DALET, a national of the French Republic (the "Applicant") and Xavier DALET, a national of the French Republic (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on June 13, 2022, and received one opposition filed on September 11, 2022 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 proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 11, 2022
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003178509 was refused according to Article 8(1)(b) EUTMR with decision issued on February 29, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Safety clothing for protection against accident or injury
Safety footwear for the protection of accident or injury
Footwear for protection against accidents, injury, irradiation and fire
Clothing for protection against accidents, injury, fire and irradiation, Footwear for protection against accidents, injury, irradiation and fire
Protective gloves for protection against accident or injury
Protective gloves for protection against accident or injury
Footwear for protection against fire or protective footwear for protection against injury
Footwear for protection against irradiation or protective footwear for protection against injury
Footwear for protection against accidents or protective footwear for protection against injury
Footwear for protection against accidents, protective footwear for protection against injury, Footwear for protection against irradiation and fire
Boots for protection against accidents, boots for protection against injury, Boots for protection against irradiation, Boots for protection against fire
Hoods for protection against accidents, Balaclavas for protection against injury, Cagoules for protection against irradiation and fire
Socks for protection against accidents, socks for protection against injury, Socks for protection against accidents, radiation and fire
Gloves for protection against accidents, irradiation and fire
Protective trousers to protect against accidents, trousers for protection against injury, Trousers for protection against irradiation and fire
Protective jackets to protect against accidents, jackets for protection against injury, Jackets for protection against irradiation and fire
Clothing for protection against chemicals and radiation or Clothes for protection against injury
Clothing for protection against accidents, Clothes for protection against injury, Heat-resistant protective clothing, Clothing for protection against flames, Clothes for protection against irradiation and Clothing for protection against fire
Reflective safety vests
Head protection.
The mark was filed in class 25 with following description of goods:
Clothing
Clothing, in particular: Workwear
Headgear
Footwear (except orthopaedic footwear, footwear for protection against accidents, irradiation and fire)