The trademark EVOLUTION was filed by TAPMARK, a corporation established under the laws of the Kingdom of Belgium (the "Applicant"). The application was published for oppositions on May 4, 2022, and received one opposition filed on August 4, 2022 by JAP INTERNATIONAL BRANDS, S.L. on Likelihood of confusion. the opponent was represented by J.D. NUĂ‘EZ PATENTES Y MARCAS, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 4, 2022
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 24 with Sleeping bags for babies.
The mark was filed in class 25 with following description of goods:
Clothing
Shoes
Headgear
Clothing, footwear, headgear for babies and children
Shirts
Belts [clothing]
Gloves [clothing]
Scarves
Neckties
Hosiery
Socks
Slippers
Underwear
Cloth bibs
Christening overalls
Pyjamas
All-in-ones for babies
Fingerless gloves
Bonnets
Bodies
Bow ties
Braces [suspenders] for clothing
Pinafores
Skull caps
Tee-shirts
Blouses
Dresses
Shorts
Skirts
Bathing suits
Denim jeans
Trousers
Sweatpants
Tights
Leggings
Treggings
Coverups
Jumper suits
Sweaters
Waistcoats
Sweaters
Coats
Down jackets
Jackets [clothing]
Dressing gowns
Sleepsuits
Hats
Polo shirts
Bermuda shorts
Sportswear
Anoraks (parkas)
Berets
Sun hats
Boots
Ankle boots
Blouses
Combishorts
Wind resistant jackets
Babies' pants [underwear]
Vest tops
Dufflecoats
Down vests
Coats, in particular Waterproof clothing
Skorts
Leotards
Undershirts
Three-quarter length trousers
Beach wraps
Dressing gowns
Sandals
Ankle socks
Gym suits
Flip-flops
Diapers and napkins
Layettes [clothing].
The mark was filed in class 35 with following description of goods:
Marketing consultancy
Business and commercial consultancy
Business organisation and sales consultancy
Consultancy relating to sales techniques and sales programmes
Demonstration ofgoods
Shop widow dressing
Presentation ofgoods on communication media, for retail purposes
Sales promotion for others
Provision of an online marketplace for buyers and sellers of goods and services
Retail and wholesale services, in relation to the following goods: Articles of clothing, Footwear, headpieces, children and baby's clothing, footwear for children and babies, Headgear for babies and children, Dress shirts, Belts (clothing), gloves (clothing), Scarves, ties, Hosiery, Socks, Slippers, Underwear, cloth bibs, Sleep suits, Pyjamas, baby grows
Retail and wholesale services, in relation to the following goods: All-in-ones for babies, muffs, bonnets, Bodysuits, Bow ties, suspenders, Aprons (clothing), Peaked caps, T-shirts, Blouses, Dresses, board shorts, skirts, Swimwear, Jeans, trousers, Jogging suits, Tights, Leggings, Treggings, Coveralls, Pullovers, Waistcoats, Sweatshirts, coats, Quilted coats, Jackets, Dressing gowns, Romper suits
Wholesaling and retail, in relation to the following goods: Hats, Polo-shirts, Bermuda shorts, Sportswear, Aprons (clothing), Parkas, Berets, Bucket hats, bonnets, Boots, Ankle boots, blouses, Shortalls, Jackets namely Heavy jackets, Babies' pants (clothing), tank tops, Duffel coats, Down vests, Raincoats, Skorts, teddies, Undershirts, Cropped pants, Pareu, Bath robes
Retail and wholesale services, in relation to the following goods: sandals, Ankle socks, outdoor wear, flip flops, nappies, clothing for babies, Nappy changing cloths for babies, plush toys with attached comfort blanket, Plush stuffed toys, Towels with hoods, Bath linen, Toys, bathtub toys, Learning games, Sanitary articles, Cosmetics, babies' diapers, Cleansing lotions and waters, Shampoos, Washing gels, body cream
Retail and wholesale services, in relation to the following goods: facial creams, Moisturizing milk, Soaps, (teething ring), music box toys, teats, Feeding bottles, hair grips, Barrettes (hair slides), hairbrushes, Hair combs, Rubber bands for hair, Head-bands, Hair ties, Scrunches, hairpins
Retail and wholesale services, in relation to the following goods: Bows for the hair, Hair bands, hair braids, Children's jewelry, Children's sunglasses, Bags, Satchels
Promotional sponsorship
Administrative organisation of transport, delivery, distribution, sorting, dispatch and warehousing of goods and parcels
Arranging the buying of goods for others
Provision of an online marketplace for buyers and sellers of goods and services
Commercial administration of a website available online or via a phone application or any other form of electronic media enabling users to sell, buy, exchange, communicate, compare and arrange for the sending or delivery of goods or services, to leave comments and rate content, people, companies, and goods
Business administration of a website available online or via a telephone application or any other form of electronic media enabling users to sell and exchange clothing
Organization of fashion shows for promotional purposes
Retailing in specialist shops, at stalls, in specialist areas, via a website or by any other kind of electronic communications media, in relation to the following goods: Articles of clothing, footwear, headgear, children and baby's clothing, footwear for children and babies, Headgear for babies and children
Retailing in specialist shops, at stalls, in specialist areas, via a website or by any other kind of electronic communications media, in relation to the following goods: Dress shirts, Belts (clothing), gloves (clothing), Scarves, ties, Hosiery, Socks, Slippers
Retailing in specialist shops, at stalls, in specialist areas, via a website or by any other kind of electronic communications media, in relation to the following goods: Underwear, cloth bibs, Sleep suits, Pyjamas, baby grows, All-in-ones for babies, muffs, bonnets
Retailing in specialist shops, at stalls, in specialist areas, via a website or by any other kind of electronic communications media, in relation to the following goods: Bodysuits, Bow ties, suspenders, Aprons (clothing), Peaked caps, T-shirts, Shirt-blouses, Dresses, board shorts, skirts, Swimwear
Retailing in specialist shops, at stalls, in specialist areas, via a website or by any other kind of electronic communications media, in relation to the following goods: Jeans, Trousers, Jogging suits, Tights, Leggings, Treggings, Coveralls, Pullovers, Waistcoats, Sweatshirts, coats
Retailing in specialist shops, at stalls, in specialist areas, via a website or by any other kind of electronic communications media, in relation to the following goods: Quilted coats, Jackets, Dressing gowns, Romper suits, Hats, Polo-shirts, Bermuda shorts, Sportswear, Aprons (clothing), Parkas, Berets
Retailing in specialist shops, at stalls, in specialist areas, via a website or by any other kind of electronic communications media, in relation to the following goods: Bucket hats, bonnets, Boots, Ankle boots, blouses, Shortalls, Jackets namely Heavy jackets, Babies' pants (clothing), tank tops
Retailing in specialist shops, at stalls, in specialist areas, via a website or by any other kind of electronic communications media, in relation to the following goods: Duffel coats, Down vests, Raincoats, Skorts, teddies, Undershirts
Retailing in specialist shops, at stalls, in specialist areas, via a website or by any other kind of electronic communications media, in relation to the following goods: Cropped pants, Pareos, dressing gowns, sandals, Ankle socks, outdoor wear, flip flops, nappies, clothing for babies, Nappy changing cloths for babies, plush toys with attached comfort blanket, Plush stuffed toys, Towels with hoods, Bath linen, Toys, bathtub toys
Retailing in specialist shops, at stalls, in specialist areas, via a website or by any other kind of electronic communications media, in relation to the following goods: Learning games, Sanitary articles, Cosmetics, babies' diapers, Cleansing lotions and waters, Shampoos
Retailing in specialist shops, at stalls, in specialist areas, via a website or by any other kind of electronic communications media, in relation to the following goods: Washing gels, body cream, facial creams, Moisturizing milk, Soaps, (teething ring), music box toys
Retailing in specialist shops, at stalls, in specialist areas, via a website or by any other kind of electronic communications media, in relation to the following goods: teats, Feeding bottles, hair grips, Barrettes (hair slides), hairbrushes, Hair combs, Rubber bands for hair
Retailing in specialist shops, at stalls, in specialist areas, via a website or by any other kind of electronic communications media, in relation to the following goods: Head-bands, Hair ties, Scrunches, hairpins, Bows for the hair
Retailing in specialist shops, at stalls, in specialist areas, via a website or by any other kind of electronic communications media, in relation to the following goods: Hair headbands, Hair braids, Children's jewelry, Children's sunglasses, Bags, Satchels
The bringing together, for the benefit of others (excluding the transport thereof) of clothing, footwear, headwear, clothing for children and babies, footwear for children and babies, headwear for children and babies, in specialist shops, at stalls, in specialist areas, via a website, via mobile application or by any other kind of electronic communications media or in shops
Bringing together, excluding the transport thereof, for the benefit of others, in relation to the following goods: Dress shirts, Belts (clothing), gloves (clothing), Scarves, ties, Hosiery, Socks, Slippers, Underwear, cloth bibs in a surgical, At stands, at specialised corners, Via a website, a mobile application or Or via any other form of electronic communication media or In shops
Grouping together, But not transporting, for the benefit of others, in relation to the following goods: Sleep suits, Pyjamas, baby grows, All-in-ones for babies, muffs, bonnets, Bodysuits, Bow ties, suspenders, Aprons (clothing), Peaked caps, T-shirts in a surgical, At stands, at specialised corners, Via a website, a mobile application or Or via any other form of electronic communication media or In shops
Grouping together, But not transporting, for the benefit of others, in relation to the following goods: Blouses, Dresses, board shorts, skirts, Swimwear, Jeans, trousers, Jogging suits, Tights, Leggings, Treggings, Coveralls, Pullovers, in a surgical, At stands, at specialised corners, Via a website, a mobile application or Or via any other form of electronic communication media or In shops
Grouping together, But not transporting, for the benefit of others, in relation to the following goods: Waistcoats, Sweatshirts, coats, Quilted coats, Jackets, Dressing gowns, Romper suits, Hats, Polo-shirts, Bermuda shorts, Sportswear, Aprons (clothing), Parkas in a surgical, At stands, at specialised corners, Via a website, a mobile application or Via any other form of electronic communications media or in shops
Grouping together But not transporting for the benefit of others, in relation to the following goods: Berets, Bucket hats, bonnets, Boots, Ankle boots, blouses, Shortalls, Jackets namely Heavy jackets, Babies' pants (clothing), tank tops, Duffel coats, Down vests, in a surgical, At stands, at specialised corners, Via a website, a mobile application or Or via any other form of electronic communication media or In shops
Grouping together, But not transporting, for the benefit of others, in relation to the following goods: Raincoats, Skorts, teddies, Undershirts, Cropped pants, Pareos, dressing gowns, sandals, Ankle socks, outdoor wear, flip flops, nappies in a surgical, At stands, at specialised corners, Via a website, a mobile application or Or via any other form of electronic communication media or In shops
Grouping together, But not transporting, for the benefit of others, in relation to the following goods: clothing for babies, Nappy changing cloths for babies, plush toys with attached comfort blanket, Plush stuffed toys, Towels with hoods, Bath linen, Toys, bathtub toys, Learning games in a surgical, At stands, at specialised corners, Via a website, a mobile application or Or via any other form of electronic communication media or In shops
Grouping together, But not transporting, for the benefit of others, in relation to the following goods: Sanitary articles, Cosmetics, babies' diapers, Cleansing lotions and waters, Shampoos, Washing gels, body cream, facial creams, Moisturizing milk, Soaps in a surgical, At stands, at specialised corners, Via a website, a mobile application or Or via any other form of electronic communication media or In shops
Grouping together, But not transporting, for the benefit of others, in relation to the following goods: (teething ring), music box toys, teats, Feeding bottles, hair grips, Barrettes (hair slides), in a surgical, At stands, at specialised corners, Via a website, a mobile application or Or via any other form of electronic communication media or In shops
Grouping together, But not transporting, for the benefit of others, in relation to the following goods: hairbrushes, Hair combs, Rubber bands for hair, Head-bands, Hair ties, Scrunches, hairpins in a surgical, At stands, at specialised corners, Via a website, a mobile application or Or via any other form of electronic communication media or In shops
Grouping together, But not transporting, for the benefit of others, in relation to the following goods: Bows for the hair, Hair bands, hair braids, Children's jewelry, Children's sunglasses, Bags, Satchels in a surgical, At stands, at specialised corners, Via a website, a mobile application or Or via any other form of electronic communication media or In shops
Retail services, Via a website, a mobile application, in relation to the following goods: Used goods namely Articles of clothing, footwear, headgear, children and baby's clothing, footwear for children and babies, Headgear for babies and children, Dress shirts, Belts (clothing), gloves (clothing), Scarves, ties, Hosiery, Socks, Slippers, Underwear, cloth bibs, Sleep suits, Pyjamas, baby grows
Retail services, Via a website, a mobile application, in relation to the following goods: Used goods namely All-in-ones for babies, muffs, bonnets, Bodysuits, Bow ties, suspenders, Aprons (clothing), Peaked caps, T-shirts, Shirt-blouses, Dresses, board shorts, skirts, Swimwear, Jeans, trousers, Jogging suits, Tights, Leggings, Treggings, Coveralls
Retail services, Via a website, a mobile application, in relation to the following goods: Used goods namely salopettes, Pullovers, Waistcoats, Sweatshirts, coats, Quilted coats, Jackets, Dressing gowns, Romper suits, Hats, Polo-shirts, Bermuda shorts, Sportswear, Aprons (clothing), Parkas, Berets, Bucket hats, bonnets, Boots, half-boots, blouses, Shortalls
Retail services, Via a website, a mobile application, in relation to the following goods: Used goods namely Jackets namely Heavy jackets, Babies' pants (clothing), tank tops, Duffel coats, Down vests, Raincoats, Skorts, teddies, Undershirts, Cropped pants, Pareu, Bath robes, sandals, Ankle socks, outdoor wear, flip flops, nappies, clothing for babies, Nappy changing cloths for babies, plush toys with attached comfort blanket, Plush stuffed toys
Retail services, Via a website, a mobile application, in relation to the following goods: Used goods namely Towels with hoods, Bath linen, Toys, bathtub toys, Learning games, Sanitary articles, Cosmetics, babies' diapers, cleansing lotions and cleansing water, Shampoos, Washing gels, body cream, facial creams
Retail services, Via a website, a mobile application, in relation to the following goods: Used goods namely Moisturizing milk, Soaps, (teething ring), music box toys, teats, Feeding bottles, hair grips, Barrettes (hair slides), hairbrushes, Hair combs, Rubber bands for hair, Head-bands, Hair ties
Retail services, Via a website, a mobile application, in relation to the following goods: Used goods namely Scrunches, hairpins, Bows for the hair, Hair bands, hair braids, Children's jewelry, Children's sunglasses, Bags, Satchels
Direct exchange or Via a website, a mobile application or Or via any other form of electronic communication media, in relation to the following goods: Articles of clothing, footwear, headgear, children and baby's clothing, footwear for children and babies, Headgear for babies and children, Dress shirts, Belts (clothing), gloves (clothing)
Direct exchange or Via a website, a mobile application or Or via any other form of electronic communication media, in relation to the following goods: Scarfs, Ties, hosiery, Socks, Slippers, Underwear, cloth bibs, Sleep suits, Pyjamas, baby grows, All-in-ones for babies, muffs, bonnets, Bodysuits, Bow ties
Direct exchange or Via a website, a mobile application or Or via any other form of electronic communication media, in relation to the following goods: suspenders, Aprons (clothing), Peaked caps, T-shirts, Shirt-blouses, Dresses, board shorts, skirts, Swimwear, Jeans, trousers, Jogging suits, Tights, Leggings, Treggings, Coveralls, Pullovers, Waistcoats, Sweatshirts, coats
Direct exchange or Via a website, a mobile application or Or via any other form of electronic communication media, in relation to the following goods: Quilted coats, Jackets, Dressing gowns, Romper suits, Hats, Polo-shirts, Bermuda shorts, Sportswear, Aprons (clothing), Parkas, Berets, Bucket hats, bonnets, Boots, Ankle boots, blouses, Shortalls, Jackets namely Heavy jackets, Babies' pants (clothing), tank tops, Duffel coats, Down vests
Direct exchange or Via a website, a mobile application or Or via any other form of electronic communication media, in relation to the following goods: Raincoats, Skorts, teddies, Undershirts, Cropped pants, Pareos, dressing gowns, sandals, Ankle socks, outdoor wear, flip flops, nappies, clothing for babies, Nappy changing cloths for babies
Direct exchange or Via a website, a mobile application or Or via any other form of electronic communication media, in relation to the following goods: plush toys with attached comfort blanket, Plush stuffed toys, Towels with hoods, Bath linen, Toys, bathtub toys, Learning games, Sanitary articles, Cosmetics, babies' diapers, cleansing lotions and cleansing water, Shampoos
Direct exchange or Via a website, a mobile application or Or via any other form of electronic communication media, in relation to the following goods: Washing gels, body cream, facial creams, Moisturizing milk, Soaps, (teething ring), music box toys, teats, Feeding bottles, hair grips, Barrettes (hair slides), hairbrushes
Direct exchange or Via a website, a mobile application or Or via any other form of electronic communication media, in relation to the following goods: Hair combs, Rubber bands for hair, Head-bands, Hair ties, Scrunches, hairpins, Bows for the hair, Hair headbands
Direct exchange or Via a website, a mobile application or Or via any other form of electronic communication media, in relation to the following goods: Hair braids, Children's jewelry, Children's sunglasses, Bags, Satchels
Administration of loyalty rewards programs
Loyalty scheme services
Promotional marketing
Management of customer loyalty, incentive or promotional schemes
Administration of sales promotion incentive programs
Administration of sales and promotional incentive schemes
Business promotion
Organisation of customer loyalty programs for commercial, promotional or advertising purposes
Sales promotion
Business promotion
Sales promotion for others by means of customer loyalty services
Loyalty services whether or not relating to the use of a card
Classified advertising
Promoting the goods and services of others via computer and communication networks
Business management and administration of an online interactive website enabling users to search, purchase, sell and exchange goods on a website, also provided via interactive website, online service platform and software application
Providing an on-line marketplace for buyers and sellers of goods and/or services
Presentation of companies and the goods and services thereof
Administrative processing of purchase orders
Commercial information and advice for consumers [consumer advice shop]
Demonstration of goods
Management of customer loyalty, incentive or promotional schemes
Retail services, Via a website, a mobile application, in relation to the following goods: Goods which may be worn at different ages, Namely clothing, footwear, headgear, children and baby's clothing, footwear for children and babies, Headgear for babies and children, Dress shirts
Retail services, Via a website, a mobile application, in relation to the following goods: Goods which may be worn at different ages, namely: Belts (clothing), Gloves for clothing, Scarfs, Ties, hosiery, Socks, Slippers, Underwear, cloth bibs, Sleep suits, Pyjamas
Retail services, Via a website, a mobile application, in relation to the following goods: Goods which may be worn at different ages, namely: baby grows, All-in-ones for babies, muffs, bonnets, Bodysuits, Bow ties, suspenders, Aprons (clothing), Peaked caps, T-shirts, Shirt-blouses, Dresses, board shorts, skirts
Retail services, Via a website, a mobile application, in relation to the following goods: Goods which may be worn at different ages, namely: Swimwear, Jeans, trousers, Jogging suits, Tights, Leggings, Treggings, Coveralls, Pullovers, Waistcoats, Sweatshirts, coats, Quilted coats, Jackets, Dressing gowns
Retail services, Via a website, a mobile application, in relation to the following goods: Goods which may be worn at different ages, namely: Romper suits, Hats, Polo-shirts, Bermuda shorts, Sportswear, Aprons (clothing), Parkas, Berets, Bucket hats, bonnets, Boots, half-boots, blouses, Shortalls, Jackets namely Heavy jackets
Retail services, Via a website, a mobile application, in relation to the following goods: Goods which may be worn at different ages, namely: Babies' pants (clothing), tank tops, Duffel coats, Down vests, Waterproof coats, Skorts, teddies, Undershirts, Cropped pants
Retail services, Via a website, a mobile application, in relation to the following goods: Goods which may be worn at different ages, namely: Pareu, Bath robes, sandals, Ankle socks, outdoor wear, flip flops, nappies, clothing for babies, Nappy changing cloths for babies
Retail services, Via a website, a mobile application, in relation to the following goods: Adjustable products, namely: Articles of clothing, footwear, headgear, children and baby's clothing, footwear for children and babies, Headgear for babies and children, Dress shirts, Belts (clothing), gloves (clothing), Scarves, ties, Hosiery, Socks
Retail services, Via a website, a mobile application, in relation to the following goods: Adjustable products, namely: Slippers, Underwear, cloth bibs, Sleep suits, Pyjamas, baby grows, All-in-ones for babies, muffs, bonnets, Bodysuits, Bow ties, suspenders, Aprons (clothing), Peaked caps, T-shirts, Shirt-blouses, Dresses, board shorts, skirts
Retail services, Via a website, a mobile application, in relation to the following goods: Adjustable products, namely: Swimwear, Jeans, trousers, Jogging suits, Tights, Leggings, Treggings, Coveralls, Pullovers, Waistcoats, Sweatshirts, coats, Quilted coats, Jackets, Dressing gowns
Retail services, Via a website, a mobile application, in relation to the following goods: Adjustable products, namely: Romper suits, Hats, Polo-shirts, Bermuda shorts, Sportswear, Aprons (clothing), Parkas, Berets, Bucket hats, bonnets, Boots, half-boots, blouses, Shortalls, Jackets namely Heavy jackets, Babies' pants (clothing), tank tops, Duffel coats, Down vests
Retail services, Via a website, a mobile application, in relation to the following goods: Adjustable products, namely: Raincoats, Skorts, teddies, Undershirts, Cropped pants, Pareos, dressing gowns, sandals, Ankle socks, outdoor wear, flip flops, nappies, clothing for babies, Nappy changing cloths for babies.